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THE    HISTORY 


MY    OWN    TIME 


VOL.  II. 


HENRY    FROWDE,    MA. 

PUBLISHER  TO   THE   UNIVERSITY  OF  OXFORD 


LONDON,  EDINBURGH,  AND  NEW  YORK 


I    •  ■  r     \ 


BURN EPS ) 
HISTORY  OF  MY  O^        TIME 

A  NEW  EDITION 

BASED  ON  THAT  OF   M.   J.  ROUTH,   D.D. 

Part  I 
THE   REIGN   OF 

CHARLES  THE  SECOND 


EDITED    BY 


OSMUND    AIRY,    M.A,    LL.D. 


IN  TWO  VOLUMES:   Vol.  II 


OXFORD 
AT    THE    CLARENDON    PRESS 


M.DCCCC 

I     -I 


©xfor& 

PRINTED   AT  THE   CLARENDON   PRESS 

BY  HORACE  HART,  M.A. 
PRINTER  TO  THE  UNIVERSITY 


PREFACE 

Very  few  words  are  needed  by  way  of  preface  to  this 
volume,  which  brings  the  new  edition  of  Burnet  to  the  close 
of  the  reign  of  Charles  II.  But  it  may  be  pointed  out  that 
during  the  three  years  which  have  passed  since  the  first 
volume  was  completed  it  has  become  evident  how  difficult 
it  is  to  keep  pace  with  the  wealth  of  new  material  which 
is  ever  presenting  itself,  both  in  contemporary  writings  of 
the  time  and  in  the  works  of  authors  of  the  present  day. 
When  I  mention  for  example  that  since  the  whole  of  the 
notes  were  in  type  the  Montagu  papers  have  been  edited 
by  the  Historical  Manuscripts  Commission,  and  that 
Miss  Foxcroft  has  published  her  laborious  and  very 
exhaustive  work  upon  Halifax,  I  name  only  two  out  of 
many  fresh  sources  of  information  which  have  seen  the 
light  during  the  progress  of  the  book  through  the  press. 

To  the  last  volume  it  was  found  necessary  to  add  a 
somewhat  crowded  page  of  errata — chiefly  in  the  spelling 
of  proper  names — and  of  addenda.  It  is  hoped  that  the 
reader  will  not  find  cause  for  complaint  upon  this  score 
in  the  present  one,  except  that  in  the  note  on  page  ^ 
Sir  George  Croke  should  have  been  written  for  Sir  John. 

It  had  been  intended  to  place  in  an  Appendix  the  full 
text  of  Burnet's  'Characters'  from  the    Harleian   MSS., 


vi  Preface.    » 

which  appear  in  an  inaccurate  and  incomplete  form  in 
Ranke's  sixth  volume ;  and  references  to  them  will  be 
found  in  a  few  notes.  Subsequently  however  to  the 
striking  off  of  these  notes  in  their  final  form  the  Delegates 
of  the  Clarendon  Press  have  decided  to  incorporate  these 
'  Characters '  with  other  material  in  a  supplementary 
volume.  The  references  must  therefore  be  carried  on  to 
that  volume. 

OSMUND   AIRY. 
Jan.  i,  1900. 


THE    HISTORY 


MY    OWN    TIME 


VOL.  II. 


THE 

HISTORY  OF  MY  OWN  TIME 


BOOK    III. 

Of  the  rest  of  king  Charles  the  second's  reign,  from  the  year 
1673  to  the  year  1685,  in  which  he  died. 

CHAPTER   I. 

THE   TEST   ACT.      SECOND   MARRIAGE   OF   JAMES. 
TREATY    OF   COLOGNE. 

Hitherto  the  reign  of  king  Charles  was  pretty  serene  Chap.  I. 
and  calm  at  home.  A  nation  weary  of  a  long  civil  war 
was  not  easily  brought  into  jealousies  and  fears,  which 
were  the  seeds  of  distractions,  and  might  end  in  new 
confusions  and  wars.  But  the  court  had  now  given  such 
broad  intimations  of  an  ill  design  both  on  our  religion  and 
the  civil  constitution,  that  it  was  no  more  a  jealousy :  all 
was  now  open  and  barefaced.  In  the  king's  presence  the 
court  flatterers  were  always  magnifying  absolute  govern-  345 
ment,  and  reflecting  on  the  insolence  of  a  house  o 
commons.  The  king  said  once  to  the  earl  of  Essex,  as 
he  told  me,  that  he  did  not  wish  to  be  like  a  Grand 
Signior,  with  some  mutes  about  him,  and  bags  of  bow- 
strings to  strangle  men  as  he  had  a  mind  to  it :  but  he  did 
not  think  he  was  a  king,  as  long  as  a  company  of  fellows 
were  looking  into  all  his  actions,  and  examining  his 
ministers  as  well  as  his  accounts.  He  reckoned,  now  he 
had  set  the  church  party  at  such  a  distance  from  the 
dissenters,  that  it  was  impossible  to  make  them  join  in 
opposition  to  his   designs.      He  hoped  the   church  party 

B  2 


4  The  History  of  the  Reign 

Chap.  I.     would  be  always  submissive,  and  he  had  the  dissenters  at 
mercy. 

The  proceedings  of  the  former  year  had  opened  all 
men's  eyes.  The  king's  own  religion  was  suspected,  as 
his  brother's  was  declared  * :  and  the  whole  conduct  shewed 
a  design  to  govern  by  the  French  model.  A  French 
general  was  brought  over  to  command  our  armies.  Count 
Schomberg,  who  was  a  German  by  birth,  but  his  mother 
was  an  English  woman,  was  sent  over2.  He  was  a  firm 
protestant,  and  served  at  first  in  Holland,  but  upon  the 
prince  of  Orange's  death  he  went  into  France,  where  he 
grew  into  so  high  a  reputation,  that  he  was  kept  under, 
and  not  raised  to  be  a  marshal,  only  on  the  account  of  his 
religion.  He  was  a  calm  man,  of  great  application,  and 
conduct  beyond  what  was  expected  by  those  who  knew 
him  on  other  occasions  :  for  a  he  was  too  much  a  German 
in  the  liberties  he  allowed  himself  in  entertainments  b  ;  but 
when  he  commanded   armies,  he  kept  himself  to   better 

*  as  struck  out.  b  so  he  was  a  libertine  in  other  pleasures,  struck  out. 


1  Vol.  i.  133,  297,  notes.  tions,    ii.    221.      Marvell    notes    his 

'Vol.    i.    302,    note.       Monk,   it  English  appointment  thus:  'Monsieur 

must     be     remembered,    had     died  Schomberg,    a    French    Protestant, 

Jan.    3,    1670.       Schomberg,    who  had  been  made  General,  and  Colonel 

appears  to  have  entered  the  French  Fitzgerald,    an    Irish    Papist,   major 

service  in  1650,  acquired  his  '  repu-  general,   as    more    proper    for    the 

tation '  in  Portugal,  whose  forces  he  secret ;   the  first   of  advancing  the 

directed   against   Spain,   1663-1665.  French  Government,  the  second  of 

He  was  in  real,  though  not  nominal,  promoting      the      Irish      religion.' 

command  at  the  great  battle  of  Villa-  Growth     of    Popery    and    Arbitrary 

Viciosa,  June  17,  1665,  which  com-  Government  (ed.  Grosart),  293.      At 

pleted    the   military  ruin    of  Spain,  the  same  place  he  speaks   of  '  the 

secured   the    independence    of  Por-  dark  hovering  of  the  army  at  Black- 

tugal,  and  was  the  proximate  cause  heath,'  and   hints  that,  if  the  naval 

of  the  death  of  Philip  IV.     For  this  disasters    had    not    upset    all    such 

he  was   created    Count   of  Mertola  designs,   it  would    have    been    em- 

and  Governor-General  of  Alentejo.  ployed  against  London.     Fitzgerald, 

Mignet,    Documents    relatifs,    &-c.,   i.  who    had  been    deputy-governor   of 

316,  366 ;    Portland  MSS.,  vol.  iii,  Tangier,  appears,  however,  to  have 

H.  M.  C.  Rep.  xiv,  App.  ii.  274.     In  taken  the  Test  Act  oath.    See  Letters 

1674    he    commanded    the    French  to    Sir  Joseph    Williamson    (Camd. 

army  in  Catalonia ;  Spanish  Negotia-  Soc),  i.  24. 


of  King  Charles  II.  5 

rules.  He  thought  much  better  than  he  spoke.  He  was  a  Chap.  i. 
man  of  true  judgment,  |  of  great  probity,  and  of  an  humble  M^  j^ 
and  obliging  temper  :  and  at  any  other  time  of  his  life  he 
would  have  been  very  acceptable  to  the  English.  But  now 
he  was  looked  on  as  one  sent  over  from  France  to  bring 
our  army  under  a  French  discipline :  and  so  he  was  hated 
by  the  nation,  and  not  much  loved  by  the  court.  He  was 
always  pressing  the  king  to  declare  himself  the  head  of  the 
protestant  party.  He  pressed  him  likewise  to  bring  his 
brother  over  from  popery :  but  the  king  said  to  him,  you 
know  my  brother  long  ago,  that  he  is  as  stiff  as  a  mulet. 
He  liked  the  way  of  Charenton  so  well l,  that  he  went  once 
a  week  to  London  to  the  French  church  there,  that  was 
according  to  that  form.  So  the  duke  and  Clifford  looked 
on  him  as  a  presbyterian,  and  an  unfit  man  for  their 
purpose.  The  duke  of  Buckingham  hated  him,  for  he  hoped 
to  have  commanded  the  army  2.  And  as  an  army  is  a  very 
unacceptable  thing  to  the  English  nation,  so  it  became  the 
more  odious  when  commanded  by  a  general  sent  over  from 
France.  Schomberg  told  me  he  saw  it  was  impossible  the 
king  could  bring  any  great  design  to  a  good  effect :  he 
loved  his  ease  so  much  that  he  never  minded  business : 
and  every  thing  that  was  said  to  him  of  affairs  was  heard  346 
with  so  little  attention,  that  it  made  no  impression. 

The  ministry  was  all  broke  to  pieces.  The  duke  of 
Buckingham  was  alone,  hated  by  all,  and  hating  all  the 
rest.  But  he  went  so  entirely  into  all  their  ill  designs, 
that  the  king  considered  him,  and  either  loved  or  feared 

1  Charenton  was  the  headquarters  all  the  Churches  of  his  Lieutenancy 
of  French  Protestantism.  See  in  Yorkshire,  on  designe  to  raise 
Clarendon,  Rebellion,  vi.  184,  xiii.  his  700  men,  but  the  people  hearken 
132-135,  on  the  English  ambassadors  as  little  to  his  devotion  as  (I  believe) 
in  France  attending  Huguenot  ser-  heaven  to  his  prayers.'  This  is 
vices  there,  and  Charles  IPs  attitude  confirmed  by  Sir  R.  Verney,  Verney 
in  his  exile.  MSS.,  June  9, 1673.    For  the  charac- 

2  This  is  fully  illustrated  in  the  ters  of  the  officers  in  this  army, 
Letters  to  Sir  J.  Williamson,  i.  See  see  Letters  to  Sir  J.  Williamson,  67. 
the  curious  notice  on  p.  58  :  '  His  Buckingham  shortly  resigned  his 
Grace  of   Bucks    hath   taken  great  commission ;    d.  106. 

pains,  and  the  Sacrament  almost  in 


6  The  History  of  the  Reign 

Chap.  I.  him  so  much,  that  he  had  a  deep  root  with  him.     Lord 
Clifford  stuck  firm  to  the  duke,  and  was  heated  with  the 
design  of  bringing  in  popery,  even  to  enthusiasm.     It  was 
believed,  if  the  design  had  succeeded,  he  had  agreed  with 
his  wife  to  take  orders,  and  to  aspire  to  a  cardinal's  hat. 
He  grew  violent,  and  could  scarce  speak  with  patience  of 
the    church    of  England    and    of  the   clergy.      The   earl 
of  Arlington  thought  the  design  was  now  lost,  and  that 
it  was  necessary  for  the  king  to  make  up  with  his  people 
in  the  best  manner  he  could.     The  earl  of  Shaftesbury  was 
resolved    to   save   himself  on    any  terms1.     The   money 
was  exhausted  :  so  it  was  necessary  to  have  a  session  of 
parliament.     And  one  was  called  in  the  beginning  of  the 
year.     At  the  opening  it,  the  king   excused  the  issuing 
out  the  writs2,  as  done  to  save  time,  and  to  have  a  full 
house  at  the  first  opening :  but  he  left  that  matter  wholly 
to  them :   he  spake  of  the  declaration  for  liberty  of  con- 
science in  another  style :  he  said  he  had  seen  the  good 
effects  of  it,  and  that  he  would  stick  to  it,  and  maintain 
it.     He  said  he  was  engaged  in  a  war  for  the  honour  of 
the  nation,  and  therefore  he  demanded  the  supplies  that 
were   necessary  to   carry   it   on.      On    these   heads    lord 
Feb.^4,     Shaftesbury  enlarged  ;  but  no  part  of  his  speech  was  more 
amazing  than  that,  speaking  of  the  war  with  the  Dutch, 
he  said,  Delenda  est  Carthago.     Yet,  while  he  made  a  base 
complying  speech  in  favour  of  the  court  and  of  the  war, 
he  was  in  a  secret  management  with  another  party. 

The  house  of  commons  was  upon  this  all  in  a  flame. 
They  saw  popery  and  slavery  lay  at  the  bottom3.  Yet, 
that   they  might   not   grasp  at  too   much  at   once,  they 

1  I  heard  the  first  Duke  of  Bolton  which  turned  the  discourse  into  a 

say,  that  at  this  time  the  Duke   of  quarrel,  that  was  made  up   before 

Buckingham,  Lord  Shaftesbury,  and  they  parted.     D. 

a  great  deal  of  company,  dined  at  a  Vol.   i.    554,  and   Christie,   Life 

his  house,  and  after  they  had  drank  of  the  First  Earl  of  Shaftesbury,  ii. 

very  freely,  the  Duke  of  Buckingham  122. 

began  to  tell  some  of  their  secrets,  3  Cf.  vol.  i.   552  note  2,  and  the 

which  Shaftesbury  had  no  way  to  passage  from  Marvell  there  referred 

prevent  but  by  giving  him  the  lie,  to. 


of  King  Charles  II.  7 

resolved  effectually  to  break  the  whole  design  of  popery.  Chap.  I. 
They  argued  the  matter  of  the  declaration,  whether  it  was  Feb  8 
according  to  law,  or  not.  It  was  plainly  an  annulling  of  l67l- 
the  penal  laws  made  both  against  papists  and  dissenters. 
It  was  said,  that  though  the  king  had  a  power  of  pardoning, 
yet  he  had  not  a  power  to  authorize  men  to  break  laws : 
this  must  infer  a  power  to  alter  the  whole  government. 
The  strength  of  every  law  was  the  penalty  laid  upon 
offenders :  and,  if  the  king  could  secure  offenders  by 
indemnifying  them  beforehand,  it  was  a  vain  thing  to 
make  laws ;  since  by  that  maxim  they  had  no  force  but 
at  the  king's  discretion.  Those  who  pleaded  for  the  347 
declaration  pretended  to  put  a  difference  between  penal 
laws  in  spiritual  matters  and  all  others :  and  said  that  the 
king's  supremacy  seemed  to  give  him  a  peculiar  authority 
over  these :  by  virtue  of  this  it  was,  that  the  synagogue 
of  the  Jews  and  the  Walloon  churches1  had  been  so  long 
tolerated.  But  to  this  it  was  answered,  that  the  intent 
of  the  law  in  asserting  the  |  supremacy  was  only  to  exclude  MS.  174. 
all  foreign  jurisdiction,  and  to  lodge  the  whole  authority 
with  the  king :  but  that  was  still  to  be  bounded  and 
regulated  by  law :  and  a  difference  was  to  be  made 
between  a  connivance,  such  as  that  the  Jews  lived  under, 
by  which  they  were  still  at  mercy,  and  a  legal  authority. 
The  parliament  had  never  disputed  the  legality  of 
the  patent  for  the  Walloon  congregations,  that  was  at 
first  granted  to  encourage  strangers,  professing  the  same 
religion,  to  come  among  us,  when  they  were  persecuted  for 
it  in  their  own  country :  which  was  at  first  granted  only 
to  strangers,  but  afterwards  in  the  days  of  their  children, 
who  were  natives,  it  had  been  made  void :  and  now  they 
were  excepted  by  a  special  clause  out  of  the  act  of  uni- 
formity. The  house  came  quickly  to  a  very  unanimous 
resolution,  that    the   declaration  was    against   law 2 :    and 

1  See  vol.  i.  115  note;   127  note  ;  Francis  W.  Cross,  1898. 

Hist,    of  the    Walloon   and  Hugue-  2  Not  unanimous.  It  was  resolved 

not  Church   at   Canterbury  (Hugue-  by  a  majority  of  one  hundred  and 

not  Society's  Publications,   xv),  by  sixty-eight,  to  one  hundred  and  six- 


8 


The  History  of  the  Reign 


March, 
167*. 


Chap.  I.  they  set  that  forth  in  an  address  to  the  king,  in  which  they 
prayed  that  it  might  be  called  in.  Some  were  studying  to 
divert  this,  by  setting  them  on  to  inquire  into  the  issuing 
out  the  writs.  And  the  court  seemed  willing  that  the 
storm  should  break  on  lord  Shaftesbury,  and  would  have 
gladly  compounded  the  matter  by  making  him  the  sacrifice. 
He  saw  into  that,  and  so  resolved  to  change  sides  with  the 
first  opportunity.  The  house  was  not  content  with  this : 
but  they  brought  in  a  bill  disabling  all  papists  from  holding 
any  employment  or  place  at  court,  requiring  all  persons 
in  public  trust  to  receive  the  sacrament  in  a  parish  church, 
and  to  carry  an  attested  certificate  of  that,  with  witnesses 
to  prove  it,  into  chancery,  or  the  county  sessions ;  and 
there  to  make  a  declaration,  renouncing  transubstantiation 
in  full  and  positive  words.  Great  pains  was  taken  by  the 
court  to  divert  this:  they  proposed  that  some  regard  might 
be  had  to  protestant  dissenters,  and  that  their  meetings 
might  be  allowed.  By  this  means  they  hoped  to  have  set 
them  and  the  church  party  into  new  heats ;  for  now  all 
were  united  against  popery.  Love,  who  served  for  the 
city  of  London,  and  was  himself  a  dissenter,  saw  what  ill 
effects  any  such  quarrels  might  have :  so  he  moved  that 
an  effectual  security  might  be  found  against  popery,  and 
that  nothing  might  interpose  till  that  was  done1.     When 


teen,  '  that  penal  statutes  in  matters 
ecclesiastical  cannot  be  suspended 
but  by  act  of  parliament,'  and  this 
resolution  was  embodied  in  an  ad- 
dress to  the  king.  Pari.  Hist.  iv. 
526.  '  The  old  Cavaliers  are  as  stout 
in  this  as  the  stoutest,  and  I  may 
say  forwarder  than  the  forwardest.' 
Sir  R.  Verney,  Verney  MSS.,  Feb. 
20,  i67f. 

1  Burnet's  statement  concerning 
Love,  repeated  in  his  speech  on  the 
Occasional  Conformity  Bill  in  1704, 
and  contradicted  in  the  reply  to 
that  speech  entitled  '  The  Bishop  of 
Salisbury's  proper  defence   from  a 


speech  cried  about  in  the  streets  in 
his  name,'  4to,  1704,  attributed  to 
Charles  Leslie,  pp.  25,  26,  is  clearly 
wrong.  Love's  speech  of  Feb.  15, 
167I,  is  printed  in  Grey's  Debates, 
ii.  40,  and  in  the  Pari.  Hist.  iv.  536. 
He  is  there  recorded  as  asking  that, 
so  soon  as  the  Test  Act  was  passed, 
dissenting  ministers  might  preach 
with  the  magistrate's  leave ;  and  he 
says  nothing  about  Popery.  In 
the  '  Bishop  of  Salisbury's  Proper 
Defence,'  the  writer  says,  '  They  had 
not  a  mind  to  have  their  toleration 
stand  upon  the  foot  of  the  king's 
dispensing  power  (1)  because  they 


of  King  Charles  II.  9 

that  was  over,  then  they  would  try  to  deserve  some  favour:  Chap.  I. 
but  at  present  they  were  willing  to  lie  under  the  severity 
of  the  laws,  rather  than  clog  a  more  necessary  work  with 
their  concerns.  The  chief  friends  of  the  sects  agreed  to  348 
this.  So  a  vote  passed  to  bring  in  a  bill  in  favour  of 
protestant  dissenters,  though  there  was  not  time  enough, 
nor  unanimity  enough,  to  finish  one  during  this  session : 
for  it  went  no  farther  than  a  second  reading,  but  was  dropt 
in  the  committee.  But  this  prudent  behaviour  of  theirs 
did  so  soften  the  church  party,  that  there  was  no  more 
votes  nor  bills  offered  at  against  them,  even  in  that  angry 
parliament,  that  had  been  formerly  so  severe  upon  them. 

The  court  was  now  in  great  perplexity.  If  they  gave 
way  to  the  proceedings  in  the  house  of  commons,  there 
was  a  full  stop  put  to  the  design  for  popery :  and  if  they 
gave  not  way  to  it,  there  was  an  end  of  the  war.  The 
French  could  not  furnish  the  king  with  so  much  money 
as  was  necessary:  and  the  shutting  up  the  exchequer 
had  put  an  end  to  all  credit.  The  court  tried  what  could 
be  done  in  the  house  of  lords.  Lord  Clifford  resolved  to 
assert  the  declaration,  with  all  the  force  and  all  the  argu- 
ments he  could  bring  for  it.     He  shewed  the  heads  he 

are  no  friends  of  Prerogative,  (2)  would  propose.  And  the  Alder- 
They  thought  it  surer  to  have  it  by  man,  having  tried,  made  his  report 
Act  of  Parliament ;  and  they  heartily  very  frankly,  that  truly  they  could 
endeavoured  it,  contrary  to  what  agree  to  no  terms,  for  that  what 
this  speech  says,  against  all  pro-  one  liked  another  refused.'  William 
bability  of  truth,  that  they  would  Love  was  elected  for  London,  1661 
not  so  much  as  accept  of  it,  and  that  (vol.  i.  317  note);  he  was  sheriff 
Alderman  Love  did  stop  the  clause  in  1659 !  Loftie,  Hist,  of  London,  ii. 
in  favour  of  Dissenters  which  Lord  326.  It  was  read  a  third  time  on 
Clifford  got  some  to  move.  Whereas  March  19,  167!.  Pari.  Hist.  571, 
Alderman  Love  did  himself  move  in  Commons  Journals.  The  Lords' 
the  House  of  Commons  that  they  Amendments  were  discussed  March 
would  open  their  doors  wider,  to  let  29,  when  Parliament  was  adjourned 
in  Protestant  Dissenters  who  were  to  Oct  20  and  then  prorogued  to 
willing  to  come  in  upon  reasonable  Oct.  27,  the  bill  being  consequently 
terms.  The  House  received  the  lost.  During  the  debate  Love  re- 
motion  very  readily,  and  gave  pudiated  all  idea  of  claiming  Church 
Alderman  Love  a  fortnight's  time  preferments  or  even  exemption  from 
to  know  what  terms  the  Dissenters  tithes  or  parochial  poor  rates. 


io  The  History  of  the  Reign 

Chap.  I.  intended  to  speak  on  to  the  king,  who  approved  of  them, 
and  suggested  some  other  hints  to  him.  He  began  the 
debate  with  rough  words  :  he  called  the  a  bill  sent  up  bya 
the  commons  Monstrum  horrendum  ingens l,  and  run  on 
in  a  very  high  strain :  he  said  all  that  could  be  said,  with 
great  heat,  and  many  indecent  expressions.  When  he 
had  done,  the  earl  of  Shaftesbury2,  to  the  amazement 
of  the  whole  house,  said,  he  must  differ  from  the  lord  that 
spoke  last  to  to  ccelo.  He  said,  while  those  matters  were 
debated  out  of  doors,  he  might  think  with  others,  that 
the  supremacy,  asserted  as  it  was  by  law,  did  warrant  the 
declaration :  but  now  that  such  a  house  of  commons,  so 
loyal  and  affectionate  to  the  king,  were  of  another  mind, 
he  submitted  his  reason  to  theirs.  They  were  the  king's 
great  council,  that  must  both  advise  and  support  him : 
they  had  done  it,  and  would  do  it  still,  if  their  laws  and 
their  religion  were  once  secured  to  them.  The  king  was 
all  in  fury  to  be  thus  forsaken  by  his  chancellor :  and  told 
lord  Clifford,  how  well  he  was  pleased  with  his  speech, 
and   how  highly  he  was   offended  with  the  other.     The 

MS.  175.  debate  went  on,  and  upon  a  division  the  court  |  had  the 
majority.  But  against  that  vote  about  thirty  of  the  most 
considerable  of  the  house  protested.  So  the  court  saw 
they  had  gained  nothing  in  carrying  a  vote,  that  drew  after 
it  such  a  protestation  3.  This  matter  took  soon  after  that 
a  quick  turn.     It  had  been  much  debated  in  the  cabinet 

a  substituted  for  vote  of. 


1  It    was    not    now,    but    in    the  First  Earl  of  Shaftesbury,   ii.    140 ; 

debate  on  the  Test  Act,  that  Clifford  Dalrymple,  i.    131  ;  Ranke,  iii.  551 ; 

used    these    words.      Cf.    Christie,  Colbert    to   Louis    XIV,    Nov.    20, 

First  Earl  of  Shaftesbury,    ii.    135,  1673. 

137  ;    Ranke,    iii.    540 ;    Colbert   to  3  Upon  the  untrustworthiness  of 

Louis  XIV,  March  22,  167I.  Burnet's   account   of   these   events, 

8  Shaftesbury's    change    of   front  see  Christie,  137  ;  Dalrymple,  i.  130- 

was  probably  due  to  his  finding  out  137.     Of  the  protest  in  the   Lords 

that  he  had  been  duped  about  the  there  is  no   mention   in  the  Lords 

Treaty   of  Dover  (vol.  i.  536-546).  Journals,  nor  in  Chandler's  History 

It  is  equally  probable  that  Arlington  and   Proceedings    of  the    House    of 

was  his  informant.      See   Christie,  Lords. 


of  King  Charles  II.  n 

what  the  king  should  do.  Lord  Clifford  and  duke  Chap.  I. 
Lauderdale  were  for  the  king's  standing  his  ground1. 
Sir  Ellis  Leighton2  assured  me  that  the  duke  of  Buck- 
ingham and  lord  Berkeley  offered  to  the  king,  if  he  would 
bring  the  army  to  town,  that  they  would  take  out  of  both 
houses  the  members  that  made  the  opposition ;  and  he  349 
fancied  the  thing  might  have  been  easily  brought  about, 
and  that  if  the  king  would  have  acted  with  the  spirit  that 
he  sometimes  put  on,  they  might  have  carried  their 
business.  Duke  Lauderdale  talked  of  bringing  an  army 
out  of  Scotland,  and  seizing  on  Newcastle ;  and  pressed 
this  with  as  much  vehemence,  as  if  he  had  been  able  to 
have  executed  it-3.  Lord  Clifford  said  to  the  king,  his 
people  did  now  see  through  all  his  designs,  and  therefore 
he  must  resolve  to  make  himself  master  at  once,  or  be 
for  ever  subject  to  much  jealousy  and  contempt.  The 
earls  of  Shaftesbury  and  Arlington 4  pressed  the  king, 
on  the  other  hand,  to  give  the  parliament  full  content: 
and  they  undertook  to  procure  him  money  for  carrying 
on  the  war:  and,  if  he  was  successful  in  that,  he  might 
easily  recover  what  he  must  in  this  extremity  part  with. 
This  suited  the  king's  own  temper,  yet  the  duke  held  him 
long  in  suspense.     Colbert's  brother,  Croissy5,  was  then 

1  '  The  Chancellor,  the  Treasurer,  1663    Lauderdale    had    created    an 

and  the  Dukes  of  Buckingham  and  army    of   22,000    men,    pledged    to 

Lauderdale,  are  of  opinion  to  main-  march   when   and  where   the   king 

tain  this  Declaration     .  .  ;  and  that  pleased    in    his    dominions.        See 

if  the  Parliament  persist  in  their  re-  vol.  i.  368.     There  is  little  doubt  that 

monstrances  ...  to  dissolve  it  and  it  was  for  possible  use  at  a  crisis  like 

call  another.  .  .  .  My  Lord  Arlington,  this  that  it  had  been  prepared, 
who  at  present  is  single  in  his  senti-  *  Halifax  took  an  active  part  in 

ments,    says,    that    the     king    his  debate  on  the  same  side  ;  infra  n  1.  . 
master  ought  not  to  do  it.'     Colbert.         5  Charles     Colbert,    Marquis     de 

to    Louis    XIV,     March    9,     1673 ;  Croissy  (born  1625,  died  1696),  ar-  , 

Dalrymple,  i.  130.  rived  in   England  in  August,  1668. 

a  Upon  Leighton,  see  vol.  i.  243,  His  dispatches  to  Louis  XIV,  many  . 

537,  notes.     He  was    a  dependant  of  which  are  in  Mignet,  Negotiations, 

on  Buckingham,   and   secretary  to  Dalrymple,    and    Forneron's   Louise, 

Berkeley  when  Lord-Lieutenant  of .  de  Ke'roualle,   are   an   indispensable 

Ireland.  authority.     In      1679     he     became  . 

3  It  will  be  remembered  that  in  Louis's  minister  of  foreign  affairs.  . 


12  The  History  of  the  Reign 

Chap.  I.  the  French  ambassador  here.  Lord  Arlington  possessed 
him  with  such  an  apprehension  of  the  madness  of  violent 
counsels,  and  that  the  least  of  the  ill  effects  they  might 
have  would  be  the  leaving  the  war  wholly  on  the  French 
king,  and  that  it  would  be  impossible  for  the  king  to  carry 
it  on  if  he  should  run  to  such  extremities,  as  some  were 
driving  him  to,  at  home,  that  he  gained  him  both  to  press 
the  king  and  his  brother  to  comply  with  the  parliament, 
and  to  send  an  express  to  his  own  master,  representing  the 
whole  matter  in  the  light  in  which  lord  Arlington  had  set 
it  before  him  \  In  the  afternoon  of  the  day  in  which  the 
matter  had  been  argued  in  the  house  of  lords,  the  earls  of 
Shaftesbury  and  Arlington  got  all  those  members  of  the 
house  of  commons  on  whom  they  had  any  influence,  and 
who  had  money  from  the  king,  and  were  his  spies,  but  had 
leave  to  vote  with  the  party  against  the  court,  for  procuring 
them  the  more  credit,  they  got  them  to  go  privately  to 
him,  and  to  tell  him  that  upon  lord  Clifford's  speech  the 
house  was  in  such  fury,  that  probably  they  would  have 
gone  to  some  high  votes  and  impeachments,  but  that  lord 
Shaftesbury,  speaking  on  the  other  side,  restrained  them. 
They  believed  he  spoke  the  king's  sense,  as  the  other  did 
the  duke's.  This  calmed  them.  So  they  made  the  king 
apprehend  that  the  lord  chancellor's  speech,  with  which  he 
had  been  so  much  offended,  was  really  a  great  service  to 
him :  and  they  persuaded  him  further,  that  he  might  now 
save  himself,  and  obtain  an  indemnity  for  his  ministers,  if 
he  would  part  with  the  declaration,  and  pass  the  bill.  This 
was  so  dexterously  managed  by  lord  Arlington,  who  got 
a  great  number  of  the  members  to  go  one  after  another  to 
the  king,  who  by  concert  spake  all  the  same  language,  that 
350  before  night  the  king  was  quite  changed,  and  said  to  his 
brother  that  lord  Clifford   had  undone  himself,  and  had 

His  letters  on  the  Treaty  of  Nime-  '  See  Colbert's  dispatch  of  March 

guen,  with  those  of  D'Estrades  and  $%,    167I,    in   confirmation   of   this. 

D'Avaux,  were  printed  at  the  Hague  Dalrymple,  i.  135. 
in  1710,  in  3  vols. 


of  King  Charles  II.  13 

spoiled  their  business  by  his  mad  speech ;  and  that  though  Chap.  I. 
lord  Shaftesbury  had  spoke  as  a  rogue,  yet  that  had  stopt 
a  fury  which  the  indiscretion  of  the  other  had  kindled  to 
such  a  degree,  that  he  could  serve  him  no  longer.  He 
gave  him  leave  to  let  him  know  all  this.  The  duke  was 
struck  with  this  ;  and  imputed  it  wholly  to  lord  Arlington's 
management.  In  the  evening  he  told  lord  Clifford  what 
t  he  king  had  said.  The  other,  who  was  naturally  a  vehe- 
ment man,  went  to  the  king  upon  it,  who  scarce  knew  how 
to  look  him  in  the  face.  Lord  Clifford  said,  he  knew 
how  many  enemies  he  must  needs  make  to  himself  by  his 
speech  in  the  house  of  lords :  but  he  hoped  that  in  it  he 
both  served  and  pleased  the  king,  and  was  therefore  the 
less  concerned  in  every  thing  else :  but  he  was  surprised 
to  find  by  the  duke  that  the  king  was  now  of  another 
mind.  The  king  was  in  some  confusion :  he  owned  that 
all  he  had  said  was  right  in  it  self:  but  he  said  that  he, 
who  sat  long  in  the  house  of  commons,  should  have  con- 
sidered better  what  they  could  bear,  and  what  the  necessity 
of  his  affairs  required.  Lord  Clifford  in  his  first  heat  was 
inclined  to  have  laid  down  his  white  staff,  and  to  have 
expostulated  roundly  with  the  king ;  but  a  cooler  thought 
stopped  him.  He  reckoned  he  must  now  retire,  and  there- 
fore he  had  a  mind  to  take  some  care  of  his  family  in  the 
way  of  doing  |  it :  so  he  restrained  himself,  and  said  he  MS.  176. 
was  sorry  that  his  best  meant  services  were  so  ill  under- 
stood. Soon  after  this  letters  came  from  the  French  king, 
pressing  the  king  to  do  all  that  was  necessary  to  procure 
money  of  his  parliament,  since  he  could  not  bear  the  charge 
of  the  war  alone.  He  also  writ  to  the  duke,  and  excused 
the  advice  he  gave  upon  the  necessity  of  affairs;  but 
promised  faithfully  to  espouse  his  concerns,  as  soon  as  he 
got  out  of  the  war,  and  that  he  would  never  be  easy  till 
he  recovered  that  which  he  was  now  forced  to  let  go. 
Some  parts  of  these  transactions  I  had  from  the  duke  and 
from  duke  Lauderdale :  the  rest  that  related  to  the  lord  ■ 
Clifford,  Titus  told  me,  he  had  it  from  his  own  mouth. 


H 


The  History  of  the  Reign 


Chap.  I.  As  soon  as  lord  Clifford  saw  he  must  lose  the  white  staff1, 
he  went  to  the  duke  of  Buckingham,  who  had  contributed 
much  to  the  procuring  it  to  him,  and  told  him  he  brought 
him  the  first  notice  that  he  was  to  lose  that  place,  to  which 
he  had  helped  him,  and  that  he  would  assist  him  to  procure 
it  to  some  of  his  friends.  After  they  had  talked  round  all 
that  were  in  any  sort  capable  of  it,  and  had  found  great 
objections  to  every  one  of  them,  they  at  last  pitched  on 
sir  Thomas  Osborn,  a  gentleman  of  Yorkshire,  whose  estate 
was  much  sunk2.  He  was  a  very  plausible  speaker,  but 
too  copious,  and  could  not  easily  make  an  end  of  his 
351  discourse3.  He  had  been  always  among  the  high  cavaliers: 
and  missing  preferment,  he  had  opposed  the  court  much  4, 


1  Clifford  went  out  on  the  Test 
Act,  either  from  chivalrous  ad- 
herence to  James,  or  because  he  was 
a  Catholic.  On  the  latter  point  there 
is  no  certainty.  Reresby,  88,  speaks 
of  him  as  'confessing  himself  a 
papist' ;  but  Evelyn,  who  knew  him 
intimately,  states  the  contrary.  June 
19,  and  July  25,  1673.  Cf.  Clarke, 
Life  of  James  II,  i.  484.  'This 
new  Test  had  also  the  same  effect 
upon  the  Lord  Clifford,  in  outing 
him  (June  19)  .  .  .  ;  who,  though 
a  new  convert,  generously  preferred 
his  conscience  to  his  interests.'  See 
Letters  to  Sir  Joseph  Williamson, 
i.  6.  Clifford  died,  perhaps  by  his 
own  hand,  in  October,  1673 ;  id.  50. 
It  is  supposed  that  the  Test  Act  was 
suggested  by  Arlington,  who  had 
been  bitterly  disappointed  in  not 
obtaining  the  Lord  Treasurership. 
Dalrymple,  i.  131. 

2  Clifford,  Buckingham,  Lauder- 
dale, and  James  were  his  supporters. 
The  three  former  had  been  united 
with  him  in  opposition  to  Clarendon  ; 
see  vol.  i.  444.  Reresby  states 
that  there  was  a  bargain  that  he 
should  give  Clifford  half  the  salary 
of    his     office.      His    appointment, 


June  19,  is  barely  mentioned  in  his 
diary.  Danby  MSS.,  Brit.  Mus. 
Add.  MSS.  28040.  It  was  a  second 
disappointment  to  Arlington.  See 
Letters  to  Sir  J.  Williamson,  i.  57,  58. 
;  The  Duke  of  Ormond  is  now  of  the 
Cabinet,  and  that  side  seems  now 
uppermost,  though  the  other  [sc. 
James,  Buckingham,  Lauderdale, 
Clifford]  carryed  it  for  the  present 
Lord  Treasurer.'  Osborn  was  made 
Viscount  Osborn  of  Dunblane  in  the 
Scottish  peerage,  Feb.  a,  167^,  and 
Baron  Kiveton  and  Viscount  Latimer 
in  the  English  peerage  in  August, 
1673,  and  Earl  of  Danby^  June  27, 
1674. 

3  I  never  knew  a  man  that  could 
express  himself  so  clearly,  or  that 
seemed  to  carry  his  point  so  much 
by  force  of  a  superior  understanding. 
In  private  conversation  he  had  a  par- 
ticular art  in  making  the  company 
tell  their  opinions  without  dis- 
covering of  his  own  ;  which  he  would 
afterwards  make  use  of  very  much 
to  his  advantage,  by  undertaking 
that  people  should  be  of  an  opinion, 
that  he  knew  was  theirs  before.     D. 

*  Cf.  vol.  i.  414,  note.  In  August, 
1669,  he  had  been  placed  on  the  Com- 


of  King  Charles  II.  15 

and  was  one  of  lord  Clarendon's  bitterest  enemies.  He  Chap.  I. 
gave  himself  great  liberties  in  discourse,  and  did  not  seem 
to  have  any  great  regard  to  truth,  or  so  much  as  to  the 
appearances  of  it ;  and  was  an  implacable  enemy,  but  had 
an  insinuating  way  to  make  his  friends  depend  on  him, 
and  to  believe  he  was  true  to  them.  He  was  a  positive 
and  undertaking  man :  so  he  gave  the  king  great  ease,  by 
assuring  him  all  things  would  go  according  to  his  mind 
in  the  next  session  of  parliament.  And  when  his  hopes 
failed  him,  he  had  always  some  excuse  ready,  to  put  the 
miscarriage  upon  that ;  and  by  this  means  he  got  into  the 
highest  degree  of  confidence  with  the  king,  and  maintained 
it  the  longest  of  all  that  ever  served  him. 

The  king  now  went  into  new  measures.     He  called  for    March  7, 
the  declaration,  and  ordered  the  seal  put  to  it  to  be  broke1. 
So  the  act  for  the  taking  the  sacrament,  with  the  declaration 
against  transubstantiation,  went  on :  and  together  with  it  March  29, 
an  act  of  grace  a  passed,  which  was  desired  chiefly  to  cover      T  73' 
the   ministry,  who  were  all  very  obnoxious  by  their  late 
actings.     The  court  desired  at  least  1,200,000/. ;  for  that 
sum  was  necessary  to  the  carrying  on  the  war.     The  great 
body  of  those  who  opposed  the  court  had  resolved  to  give 
only  600,000/.,  which  was  enough  to  procure  a  peace,  but 
not  to  continue  the  war.     Garroway  and  Lee 2  had  led  the 

*  or  indemnity,  I  remember  not  which,  struck  out. 


mission  for  Ireland  ;  Charles  writing  taken     from     it.      Portland    MSS., 

his  name  with  his  own  hand,  against  H.  M.   C.  Rep.    iii.    315.        On    the 

the    opposition     of    Ormond,     who  difficulty  created  by  the  withdrawing 

objected     to    him    as    a     friend    of  of  the  Declaration  in  the  case  of  the 

Buckingham.    Verney  MSS.,  Aug.  26,  numerous  licences  to  preach  which 

1669.  had  been  given  by  Charles  to  Dis- 

1   In  his  speech  at  the  opening  of  senters,  see  Letters  to  Sir  J.  William- 

the   session,    Feb.  4,    167!,   ne   had  son,  i.  33.      The  Test  Act  received 

said,  '  I  tell  you  plainly,  gentlemen,  the  royal  assent  March  29. 

I  mean  to  stick  to  my  Declaration.'  2  William  Garroway  and  Sir  Thomas 

Pari.   Hist.    iv.    503.     On    March  8,  Lee  were  members  respectively  for 

Henry   Coventry   reported    that    he  Chichester  and  Aylesbury.  They  had 

saw  it  vacated   and  the  great   seal  been  in  opposition  since  1667.  There 


16  The  History  of  the  Reign 

Chap.  I.  opposition  to  the  court  all  this  session  in  the  house  of 
commons :  so  they  were  thought  the  properest  persons  to 
name  the  sum,  and  above  eighty  of  the  chief  of  the  party 
had  met  over  night,  and  had  agreed  to  name  6oo,ooo/. 
But  Garroway  named  1,200,000/.  and  was  seconded  in  it 

Feb.  7,  by  Lee.  So  this  surprise  gained  that  great  sum,  which 
enabled  the  court  to  carry  on  the  war.  When  their  party 
reproached  these  persons  for  it,  they  said  they  had  tried 
some  of  the  court  on  the  head,  who  had  assured  them  the 
whole  agreement  would  be  broke  if  they  offered  so  small 
a  sum :  and  this  made  them  venture  on  it.  They  had 
good  rewards  from  the  court,  and  continued  still  voting  on 
the  other  side.  They  said  they  had  got  good  pennyworths 
for  their  money:  a  sure  law  against  popery,  which  had 
clauses  in  it  never  used  before.  For  all  that  continued  in 
office  after  the  time  lapsed,  they  not  taking  the  sacrament, 
and  not  renouncing  transubstantiation,  which  came  to  be 
called  the  test,  and  the  act  from  it  the  test  act1,  were 
rendered  incapable  of  holding  any  office :  all  the  acts  they 
did  in  it  were  declared  invalid  and  illegal,  besides  a  fine  of 
352  five  hundred  pounds  to  the  discoverer.  Yet  upon  that 
lord  Cavendish,  now  duke  of  Devonshire,  said,  that  when 
much  money  was  given  to  buy  a  law  against  popery,  the 

are  many  references  to  the  corrupt-  92,  where  Lee  is  described  as  one 

ness  of  both  in  Marvell's  Poems,  e.  g.  of '  the  chief  men  that  preserved  the 

'  Till  Leigh  and  Gallowayshall  bribes  nation   from   a    very   deceitful   and 

reject/  Britannia  and  Raleigh ;   but  practising  court  and  from  a  corrupt 

Lee  at  least  was  still  regarded  as  House  of  Commons.'  None  of  them, 

belonging  to  the  Opposition  at  the  however,  appear  in   the  Flagcllum 

prorogation  of  Feb.  24,  167^ .    Letters  Parliamentarium   or  the  Seasonable 

to  Sir  J.  Williamson,  ii.  156.     Upon  Argument.     There  appears  to  be  no 

his  conduct  in  this  particular  affair  authority    besides   Burnet   for    the 

see    Dartmouth's     note,     infra    92.  story  in  the  text  of  how  the  vote 

North  speaks  of  Lee,  Garroway,  and  was  obtained  on  Feb.  7,  167^,  the 

Sir  Thomas  Meres,  the  'bell-weathers  third    day   of   the    session,   except 

of  the  Country  party,' as  being  placed  Dartmouth's  note  above  referred  to. 

on  the  Commission  of  the  Customs,  Examen,  456. 

Admiralty,  and  Excise,  but  as  care-  1  '  Lord  Chief  Justice  Hales  says, 

fully  keeping   up  their  party  com-  ' '  'tis  the  best  act  ever  was  made."  ' 

bination  in  the  House ;  which  agrees  Verney  MSS.,  May  12,  1673. 
with  Burnet   both   here    and  infra 


of  King  Charles  II.  17 

force  of  the  money  would  be  stronger  in  order  to  the  Chap.  I. 
bringing  it  in,  than  the  law  could  be  for  keeping  it  out. 
I  never  knew  a  thing  of  this  nature  carried  so  suddenly 
and  so  artificially  in  the  house  of  commons  as  this  was,  to 
the  great  amazement  of  the  Dutch,  who  relied  on  the 
parliament,  and  did  not  doubt  but  that  a  peace  with 
England  would  be  procured  by  their  interposition. 

Thus  this  memorable  session  ended 1.  It  was  indeed  March  29, 
much  the  best  session  of  that  long  parliament.  The  church  z  73' 
party  shewed  a  noble  zeal  for  their  religion :  and  the 
dissenters  got  great  reputation  by  their  silent  deportment. 
After  the  session  was  over  the  duke  carried  all  his  com- 
missions to  the  king,  and  wept  as  he  delivered  them  up  : 
but  the  king  shewed  no  concern  at  all.  |  Yet  he  put  the  MS.  177. 
admiralty  in  a  commission  composed  wholly  of  the  duke's 
creatures,  so  that  the  power  of  the  navy  was  still  in  his 
hands.  Lord  Clifford  left  the  treasury,  and  was  succeeded 
by  Osborn,  who  was  soon  after  made  earl  of  Danby. 
The  earl  of  Shaftesbury  had  lost  the  king's  favour  quite ; 
but  it  was  not  thought  fit  to  lay  him  aside  till  it  should 
appear  what  service  he  could  do  them  in  another  session 
of  parliament.  Lord  Arlington  had  lost  the  duke  more 
than  any  other :  he  looked  on  him  as  a  pitiful  coward,  who 
would  forsake  and  betray  any  thing  rather  than  run  any 
danger  himself.  Prince  Robert  was  sent  to  command  the 
fleet 2:  but  the  captains  were  the  duke's  creatures:  so  they 
crossed  him  all  they  could,  and  complained  of  every  thing 
he  did  ;  in  a  word,  they  said  he  had  neither  sense  nor 
courage  left.     Little  could   be  expected    from  a   fleet  so 

1  The  session  was  adjourned  from  for  the  personal  dangers  His  Royal 
March  29  to  Oct.  20  ;  and  was  then  Highness  was  exposed  to,  hath 
prorogued  to  the  27th.  obtained  of  him  to  resign  the  com- 

2  See  notes  to  vol.  i.  544,  577.  By  mand  of  the  fleet  this  year  to  Prince 
the  action  of  the  Test  Act,  James,  no  Rupert.'  Miscellanea  Aulica,  98.  He 
longer  Lord  High  Admiral,  could  not  had  his  commission  to  command  both 
have  commanded.  Writing,however,  on  land  and  sea,  as  Commander-in- 
as  early  as  Feb.  7,  167!,  Arlington  Chief,  on  July3,i673,withSchomberg 
says, '  His  Majesty,  . . .  remembering  as  Lieutenant-General.  Letters  to  Sir 
the  agonies  he  was  in  the  last  year  J.  Williamson,  i.  90. 

VOL.  II.  C 


18  The  History  of  the  Reign 

Chap.  i.  commanded  and  so  divided.  He  had  two  or  three  engage- 
ments with  the  Dutch,  that  were  of  no  great  consequence, 
and  were  drawn  battles  \  None  of  the  French  ships 2 
engaged,  except  one  captain,  who  charged  their  admiral 
for  his  ill  conduct :  but,  instead  of  a  reward,  he  was  clapt 
up  in  the  Bastille  upon  his  return  to  France.  This  opened 
the  eyes  and  mouths  of  the  whole  nation.  All  men  cried 
out,  and  said  we  were  engaged  in  a  war  by  the  French, 
that  they  might  have  the  pleasure  to  see  the  Dutch  and  us 
destroy  one  another,  while  they  knew  our  seas  and  ports, 
and  learned  all  our  methods,  but  took  care  to  preserve 
themselves 3.  Count  Schomberg  told  me,  he  pressed  the 
French  ambassador  to  have  the  matter  examined  ;  other- 
wise, if  satisfaction  was  not  given  to  the  nation,  he  was 
sure  the  next  parliament  would  break  the  alliance ;  but 
by  the  ambassador's  coldness  he  saw  the  marshal  d'Estrees 
had  acted  according  to  his  instructions.  So  Schomberg 
made  haste  to  get  out  of  England,  to  prevent  an  address 
to  send  him  away :  and  he  was  by  that  time  as  weary  of 
the  court  as  the  court  was  of  him  4. 

1  The  deciding  contest  between  Rep.  xi,  App.  v.  18,  &c.  For  an  eye» 
Rupert  and  Ruyter  took  place  on  witness  account  of  that  of  June  n, 
the  Zealand  coast  on  August  21,  see  Letters  to  Sir  J.  Williamson, 
1673,  and   lasted   from   daylight  to  i.  17. 

dark.     A  final  and  desperate  effort  3  '  They  must  either  excuse  their 

of   the    Dutch    gave   them   a    bare  cowardice    by    their   treachery,    or 

victory.     The     English     fleet    was  their  treachery  by  their  cowardice.' 

carrying    Schomberg's    men    for    a  Hatton  Correspondence  (Camd.  Soc), 

descent  on  the  Dutch  coast.    Mahan,  i.  114.   The  failure  of  the  French  led 

Influence  oj "SeaPower  in  History ,152.  to     violent    recrimination    between 

2  Commanded  by  M.  de  Martel,  James  and  Rupert.  Fleming  Papers, 
who  had  one  other  French  ship  with  July  22,  1673.  For  Rupert,  '  angry 
him.  Marvell,  Popery  and  Arbitrary  and  rageing,'  and  for  the  inflamed 
Government,  294.  Burnet  was  doubt-  state  of  popular  feeling,  see  Letters 
less  familiar  with  this  work,  which  to  Sir  J.  Williamson ,'  i.  183,  &c.  ;  ii. 
was  published  in  1678.  This  was  in  2,  &c.  '  Every  apple  woman  makes 
the  battle  of  August  ^\.  For  Martel's  it  a  proverbe,  Will  you  fight  like  the 
own  account  of  the  affair,  see  Letters  French  ? ' 

to  Sir  J.  Williamson,  ii.  1.    Cf.  Ralph,  *  The  king  put  him  in  expectation 

i.  240.     There  are  detailed  accounts  of  a  garter  ;  but  (by  the  intrigues  of 

of  the  actions  at  sea  during  this  war  the  ladies)  had  given  it  to  the  Earl 

in  the  Dartmouth  Papers,  H.  M.  C.  of  Mulgrave    [scil.    John   Sheffield, 


of  King  Charles  II. 


x9 


The  duke  was  now  looking  for  another  wife.  He  Chap.  I. 
made  addresses  to  the  lady  Bellasis,  the  widow  of  the  lord  35^ 
Bellasys's  son 1.  She  was  a  zealous  protestant,  though  she 
was  married  into  a  popish  family.  She  was  a  woman  of 
much  life  and  great  vivacity,  but  of  a  very  small  proportion 
of  beauty,  as  the  duke  was  often  observed  to  be  led  by  his 
amours  to  objects  that  had  no  extraordinary  charms*.  Lady 
Bellasys  gained  so  much  on  the  duke,  that  he  gave  her 
a  promise  under  his  hand  to  marry  her ;  and  he  sent 
Coleman  to  her  to  draw  her  over  to  popery,  but  in  that 
she  could  not  be  moved.  When  some  of  her  friends 
reproached  her  for  admitting  the  duke  so  freely  to  see  her, 
she  could  not  bear  it,  but  said  she  could  shew  that  his 
addresses  to  her  were  honourable.  When  this  came  to 
the  lord  Bellasys's  ears,  her  father-in-law,  who  was  a  zealous 

a  ,  which  made  the  king  once  say  that  he  believed  his  brother's  mistresses  were 
given  him  by  his  priests  for  penances,  struck  out. 


afterwards  Duke  of  Buckingham], 
a  man  little  esteemed  at  that  time ; 
which  aggravated  the  affront,  as  he 
thought.  D.  '  Some  say  he  refuses 
to  serve  under  the  Duke  of  Buccs, 
who,  he  saith,  hath  not  been  trained 
up  in  military  affaires,  and  therefore 
he  will  not  be  in  a  subordinate 
command  to  him.'  C.  Lyttleton  to 
Hatton,  July  8,  1673  ;  Hation  Corr., 
i.  in.  Sheffield,  Memoirs,  23,  says 
that  James  had  secured  Schomberg's 
promotion  in  opposition  to  Bucking- 
ham, with  whom  he  was  on  ill  terms. 
And  W.  Bridgeman,  writing  to 
Essex,  July  12,  1673,  says  that  in 
consequence  of  Schomberg's  com- 
mand the  Duke  of  Buckingham  would, 
he  presumed,  decline  his  commis- 
sion. Essex  MSS.  See  also  Letters 
to  Sir  J.  Williamson,  i.  passim. 
There  is  an  interesting  account  from 
J.  Brisbane  to  Lord  Danby  in  the 
Lindsay  MSS.,  381,  of  an  interview 


with  Schomberg  in  1677,  in  which 
the  latter  spoke  strongly  of  his 
English  descent,  and  the  desire 
he  still  retained  to  settle  finally 
in  England.  He  mentioned  the 
differences  which  had  happened 
between  himself  and  Rupert,  as- 
cribing them  to  the  old  quarrels 
of  their  families  ;  see  supra  5. 
Upon  these  differences  see  Letters  to 
Sir  J.  Williamson,  i.  passim. 

1  Susan,  younger  daughter  of  Sir 
William  Armine,  married  Sir  Henry 
Belasyse  (variously  spelt),  son  and 
heir  of  John,  Baron  Belasyse  of 
Worlaby.  In  1674  she  was  created 
Baroness  Belasyse  of  Osgodby.  She 
died  March  6,  i7if.  See  Marvell, 
Advice  to  a  Painter,  11.  79-85.  Henry 
Belasyse  was  killed  in  a  duel  by 
Tom  Porter  in  1667.  Pepys,  July  29, 
1667.  On  James  and  Lady  Belasyse, 
see  Oldmixon,  573  ;  Letters  to  Sir  J. 
Williamson,  i.  131. 


C  2 


20 


The  History  of  the  Reign 


Chap.  I.  papist,  and  knew  how  intractable  the  lady  was  in  those 
matters,  he  gave  the  whole  design  of  bringing  in  their 
religion  for  gone,  if  that  was  not  quickly  broke :  so  he, 
pretending  a  zeal  for  the  king  and  the  duke's  honour,  went 
and  told  the  king  all  he  had  heard.  The  king  sent  for 
the  duke,  and  told  him,  it  was  too  much  that  he  had 
played  the  fool  once  :  that  was  not  to  be  done  a  second 
time,  and  in  such  an  age.  The  lady  was  also  so  threatened 
that  she  gave  up  the  promise,  but  kept  an  attested  copy 
of  it,  as  she  herself  told  me.  There  was  an  archduchess 
of  Innsbruck,  to  whom  marriage  was  solemnly  pro- 
posed :  but  the  empress  happening  to  die  at  that  time, 
the  emperor  himself  married  her.  After  that  a  match  was 
proposed  to  the  duke  of  Modena's  daughter1,  which  took 


March, 
May,  1673 


1  The  whole  story  of  this  marriage 
is  given  with  full  detail  in  a  lately 
published  monograph  of  great  interest 
by  Umberto  Dallari,  //  Matrimonio 
di  Giacomo  Stuart  Duca  di  York  con 
Maria  d'Este,  1673  (Modena,  1896), 
which  has  been  compiled  from  the 
Atti  e  Memorie  delta  R.  Depntazione 
di  Storia  Patria  per  le  Provincie 
Modenese.  The  Innsbruck  project, 
the  negotiations  for  which  were  con- 
ducted by  the  Florentine  Bernard 
Gascoigne,  the  English  resident  at 
Vienna,  emanated  from  the  Spanish 
Court,  which  was  desirous  of  obtain- 
ing the  support  of  England  in  the 
contest  with  France  for  the  Low 
Countries.  These  negotiations  began 
in  March,  167^,  and,  after  much 
delay,  occasioned  probably  by  the 
secret  influence  of  Louis  XIV, 
were  ended  by  the  marriage  of  the 
archduchess  with  the  Emperor 
Leopold  I  upon  the  death  of  his  first 
wife.  See  the  dispatches  of  Arling- 
ton and  Gascoigne  in  the  Miscellanea 
Aulica  (1702),  65-107;  Arlington's 
Letters,  ii.  391.  The  Spanish  and 
Austrian  courts  now  tried  to  induce 
James  to  accept  the  emperor's  sister ; 


while  Louis  began  to  take  a  more 
active  interest  in  the  affair.  The 
widowed  Duchess  of  Guise ;  the  only 
daughter  of  the  Duke  of  Retz,  Mile, 
de  Crequi ;  one  of  the  daughters  of 
the  Duke  of  Elbceuf ;  the  Princesses 
of  Bavaria  and  Neuburg;  and,  finally, 
the  Princess  of  Wiirtemberg,  were 
successively  suggested  and  rejected. 
Maria  of  Modena,  upon  whom 
the  choice  finally  fell,  was  born  on 
Oct.  5,  1658,  and  was  therefore 
barely  fifteen  at  the  time  of  her  mar- 
riage. She  was  sister  of  Francis  II, 
the  reigning  duke,  and  daughter  of 
Alphonso  d'Este,  who  had  died  in 
1662,  and  of  Laura  Martinozzi,  a 
niece  of  Mazarin.  She  had  already, 
child  as  she  was,  been  sought  by 
Louis  as  second  wife  of  his  brother 
Philip,  Duke  of  Orleans ;  and  there 
had  been  thoughts  also  of  marrying 
her  to  the  future  George  I  of  Eng- 
land. Besides  Maria  there  was  a 
possible  wife  for  James  in  her  aunt 
Leonora  d'Este,  born  in  1643;  and 
it  was  from  the  beginning  so  doubt- 
ful, on  both  sides,  which  would  be 
chosen,  that  in  Peterborough's  in- 
structions the  name  was  actually  left 


of  King  Charles  II. 


21 


effect ;  but  because   those  at   Rome  were  not  willing  to    Chap.  I. 
consent  to  it,  unless  she  might  have  a  public  chapel,  which 

blank,  to  be  filled  up  by  him  as 
circumstances  might  decide ;  while 
each  successive  courier  brought  con- 
tradictory instructions  from  England. 
Much  delay  was  caused  by  the  desire 
of  both  princesses  to  become  nuns  ; 
and  it  was  not  until  Sept.  14,  1673, 
that  the  urgency  of  Peterborough 
(^than  whom — according  to  the  testi- 
mony of  the  Chancellor  Nardi — 
'  Cicero  could  not  have  spoken  with 
more  vigour  or  eloquence '),  the  in- 
fluence of  Louis,  the  special  advice 
of  the  Pope,  and  the  prospect  of 
helping  in  the  conversion  of  England, 
were  able  to  overcome  the  pious 
scruples  of  Maria,  who  had  finally 
been  selected.  Difficulties  however 
were  now  raised  in  Rome,  through 
Spanish  influence  ;  and  the  Pope, 
while  signifying  his  approval  of  the 
marriage,  refused  a  dispensation 
until  he  should  be  satisfied  as  to  the 
conditions.  It  was  on  the  other  hand 
essential  that  the  marriage  should 
take  place  before  the  approaching 
meeting  of  Parliament,  which  had  been 
adjourned  from  March  29  to  Oct.  20, 
and  which  was  then  again  prorogued 
until  Oct.  27  in  consequence  of  the 
Commons'  address  against  the  match  ; 
and,  Peterborough  representing  this 
as  an  ultimatum,  the  ceremony  was 
performed  on  Sept.  30  without  the 
dispensation,  after  the  five  theolo- 
gians whose  opinion  was  asked  had 
unanimously  pronounced  that  there 
could  be  no  danger  of  the  marriage 
being  declared  void  on  that  account. 
The  arrival  in  England  was  delayed 
by  the  illness  of  the  princess  until 
Nov.  21,  when — to  discount  the 
probable  protests  from  Rome — the 
'  scrittura  nuziale'  was  publicly  read 
aloud  by  the  Bishop  of  Oxford  (Crew), 
none  of  the  other  bishops— who  were 


frightened  by  the  temper  of  the 
Commons — being  willing  to  attend. 
This  is  according  to  Dallari.  Cf. 
Clarke's  Life  of  James  II,  i.  486.  In 
Letters  to  Sir  J.  Williamson,  ii.  81,  we 
read  that  '  about  5  in  the  evening  the 
Bishop  of  Oxford  declared  the  mar- 
riage in  the  same  form  as  was  prac- 
tised by  the  Archbishop  of  Canterbury 
at  the  marriage  of  His  Majesty.' 
Cf.  vol.  i.  307.  Orrery,  writing 
to  Essex  {Essex  Papers,  i.  142), 
gives  this  curious  ceremony  in  detail 
from  the  report  of  his  nephew  who 
was  present.  '  The  Bp.  of  Oxford 
first  asked  his  R.  Higs  if  he  had  the 
King's  concent  to  marry  Mary 
D'Estee,  Prins  of  Modena,  to  wch  the 
Duke  answered,  Yes.  The  Bp.  then 
asked  ye  Ld  Peterborogh  if  he  had 
authority  from  His  Mj'y  and  Power 
from  ye  Duke  to  contract  ye  said 
Marrige,  and  if  his  Lp.  had  observed 
all  ye  Instructions  given  him  in  y* 
Behalfe.  His  Lp.  answered,  Yes. 
Y°  Bp.  then  asked  ye  Duke  if  he  were 
content  to  marry  Mary  D'Estee, 
Princess  of  Modena.  The  Duke 
answered,  Yes.  The  Bp.  then  asked 
y°  Duts  if  she  were  content  to  marry 
James,  Duke  of  Yorke  ;  she  said,  Yes 
(in  French).  The  Bp.  then  declared 
them  Man  and  Wife,  in  the  name  of 
the  Father  and  of  ye  Son,  and  of  the 
Holy  Ghost.  This  he  assured  me 
was  all  y*  passed  in  y*  Action  and 
Sollemnity.'  See  also  Clarke's  Life 
of  James  II,  486,  where  'the  usual 
form  in  cases  of  the  like  nature  '  is 
said  to  have  been  followed.  The 
anger  at  Rome  was  increased  when 
the  news  of  this  ceremony  arrived  ; 
and  it  was  not  until  March  16,  167^, 
after  the  most  humble  supplications 
from  the  English  court  and  from 
Maria  herself,  and  largely  through 


22  The  History  of  the  Reign 

Chap.  I.  the  court  would  not  hearken  to,  another  marriage  was 
proposed  for  a  daughter  of  the  duke  of  Crequi's.  I  saw 
a  long  letter  of  the  duke's,  writ  to  Sir  William  Lockhart 
upon  this  subject,  with  great  anxiety :  he  apprehended  if 
he  was  not  married  before  the  session  of  parliament,  that 
they  would  fall  on  that  matter,  and  limit  him  so,  that  he 
should  never  be  able  to  marry  to  his  content :  he  was 
vexed  at  the  stiffness  of  the  court  of  Rome,  who  were 
demanding  terms  that  could  not  be  granted  :  he  had  sent 
a  positive  order  to  the  earl  of  Peterborough,  who  was 
negotiating  the  business  at  Modena,  to  come  away  by  such 
a  day,  if  all  was  not  consented  to.  In  the  mean  while  he 
hoped  the  king  of  France  would  not  put  that  mortification 
on  him,  as  to  expose  him  to  the  violence  of  the  parliament 
(I  use  his  own  words),  but  that  he  would  give  order  for 
despatching  that  matter  with  all  possible  haste.  But, 
while  he  was  thus  perplexed,  the  court  of  Rome  yielded  : 
and  so  the  duke  married  that  lady  by  proxy,  and  the  earl 
of  Peterborough  brought  her  over  through  France. 

the   good     offices     of    Louis    XIV,  former  session  members  were  well 

that  Clement  X   consented    to  give  aware  of  the  negotiations  with  the 

the  benediction,  which  was  especially  Archduchess   of    Innsbruck — also   a 

desired,     since      it     was     feared —  Catholic — and  had  made  no  objec- 

oddly  enough — that  without   it  the  tion.     A  fresh  address  was  then  pre- 

Protestants  would   deny  the  legiti-  sented  on  Nov.  7,  which  pointed  out 

macy  of  any  children  who  might  be  that  proxy  marriages  had  before  now 

born   of  the   marriage.     Meanwhile  been   held    to   be    dissolvable;    but 

Parliament  had  been  much  excited  at  Charles  parried  it  by  declining  to  give 

the  news  of  the  intended  marriage ;  any  immediate  answer,  and  got  rid 

and   when    after   the    adjournment  of  the  whole  question  by  the  simple 

from  March  29,  1673,  they  met  on  expedient  of  another  prorogation  to 

Oct.  20,  they  at  once  prepared  an  Jan.  7,  i67f.  Commons  Journals.  As 

address  praying  that  the  proxy  mar-  to  the  strength  of  the  popular  feeling 

riage   might    not  be    consummated.  against  the  marriage,  the  notices  in 

AccordingtoClarke'sLy^q/yam^s//,  the  correspondence  of  the  time  are 

i.  486,  Arlington  and  others  of  the  very    numerous ;    e.  g.    writing    on 

Council   advised   the    king   to    stay  Nov.   5,  T.  Durham   says,    '  Should 

Maria's  journey.    Charles  prorogued  shee  arrive  tonight  .  .  .  she  would 

Parliament  to  the  27th,  and  in  his  most  certainly  be  martyr'd,  for  the 

speech    opening    the    new    session  comon  people  here  and  even  those 

avoided   mentioning    the    marriage.  of  quallyty  in  the  country  beleeve 

On  the  30th  he  replied  to  the  address,  shee  is  the  Pope's  eldest  daughter  ! ' 

reminding  the  House  that  during  the  Letters  to  Sir  J.  Williamson,  ii.  63. 


of  King  Charles  II.  23 

The  Swedes  offered  at  this  time  a  mediation  in  order  Chap.  I. 
to  a  peace :  and  Cologne  was  proposed  to  be  the  place  of  35^~ 
treaty.  The  king  sent  the  earl  of  Sunderland  and  sir  June,  1673. 
Joseph  Williamson  thither,  to  be  his  plenipotentiaries. 
Lord  Sunderland1  was  a  man  of  a  clear  and  ready  appre- 
hension and  quick  decision  in  business.  He  had  too  much 
heat  both  of  imagination  and  passion,  and  was  apt  to  speak 
very  freely  both  of  persons  and  things.  His  own  notions  MS.  178. 
I  were  always  good :  but  he  was  a  man  of  great  expense, 
and  in  order  to  the  supporting  himself  he  went  into  the 
prevailing  counsels  at  court,  so  that  he  changed  sides  often, 
with  little  regard  either  to  religion  or  to  the  interest  of  his 
country.  He  raised  many  enemies  to  himself  by  the  con- 
tempt with  which  he  treated  those  who  differed  from  him. 
He  had  indeed  the  superior  genius  to  all  the  men  of 
business  that  I  have  yet  known.  And  he  had  the  dexterity 
of  insinuating  himself  so  entirely  into  the  greatest  degree 
of  confidence  with  three  succeeding  princes,  who  set  up 
on  very  different  interests,  that  he  came  by  this  to  lose 
his  reputation  so  much,  that  even  those  who  esteemed  his 
parts  depended  little  on  his  firmness.  The  treaty  at 
Cologne  was  of  a  short  continuance2:   for   the  emperor, 

1  [Robert  Spencer,  second  Earl  of  commis,  told  me,  he  never  came  to 

Sunderland,  was  son  of  the  gallant  the  secretary's  office, but  they  carried 

Henry  Spencer,   created  first  Earl,  the  papers  to  him  at  his  house, where 

who   fell   at   Newbury,  and   of  the  he  was  usually  at  cards,  and  he  would 

celebrated  Dorothy  Sidney,  Waller's  sign     them    without     reading,    and 

•  Sacharissa.'     A  great  deal  regard-  seldom  asked  what  they  were  about, 

ing  him,  of  extreme  interest,  will  be  D. 

found  in  Mrs.  Ady's  Memoir  of  his  2  It  was  broken  off  in  consequence 

mother.]      He  was   remarkable   for  of  the  refusal  of  the  Dutch — given 

never  speaking  in  public,  nor  at  the  '  with  the  contempt  of  conquerors, 

cabinet,  more  than  he  was  of  such  and  not  as  might  have  been  expected 

a   lord's   opinion,   or   he   wondered  from    men    in    their    condition,'    as 

how    anybody    could     be     of    that  Charles   complained   to   Parliament, 

opinion.  When  he  was  secretary,  Mr.  Oct.  27,  1673— to  entertain  the  joint 

Bridgeman  always  attended  to  take  proposals   of  England   and    France, 

the  minutes  for  him,  and  whilst  he  Long    and   detailed   accounts    from 

was   president,   the  lord   chancellor  Williamson  of  the  negotiations  are 

always  acted  for  him  at  the  council.  contained   in  the  Lauderdale  MSS. 

Mr.    Warr,   who  was    one    of   his  Foreign  affairs  from   1673   to   1679 


24 


The  History  of  the  Reign 


Chap.  I.  looking  on  Furstenberg,  the  dean  of  Cologne,  afterwards 
advanced  to  be  a  cardinal,  who  was  the  elector's  plenipo- 
tentiary at  that  treaty,  as  a  subject  of  the  empire  who  had 
betrayed  it,  ordered  him  to  be  seized  on1.  The  French 
looked  on  this  as  such  a  violation  of  the  passports,  that 
they  set  it  up  for  a  preliminary,  before  they  would  enter 
upon  a  treaty,  to  have  him  set  at  liberty. 

Maestricht  was  taken  this  summer  ;  in  which  the  duke  of 
Monmouth  distinguished  himself  so  eminently,  that  he  was 
much  considered  upon  it 2.  The  king  of  France  was  there  ; 
but  it  was  thought  he  took  more  care  of  his  person  than 
became  a  brave  prince.  After  the  taking  of  Maestricht  he 
went  back  to  Paris,  and  left  the  prince  of  Conde  with  the 
army  in  Flanders,  Turenne  having  the  command  of  that  in 
the  Upper  Rhine  against  the  Germans;  for  the  emperor 
and  the  whole  empire  were  now  engaged. 


June  23, 

1673. 


CHAPTER  II. 

RELATIONS  OF  BURNET  WITH  CHARLES  AND  THE  DUKE 
OF  YORK.  HIS  BREACH  WITH  LAUDERDALE,  AND 
OPPOSITION   TO   LAUDERDALE   IN    SCOTLAND. 

But  I  return  now  to  the  intrigues  of  our  court.  I  came 
up  this  summer  in  order  to  the  publishing  the  Memoirs  of 
the  Dukes  of  Hamilton  3.  I  had  left  Scotland  under  an 
universal  discontent.  The  whole  administration  there  was 
both  violent  and  corrupt,   and  seemed  to  be  formed  on 


receive  much  illustration  from  Lock- 
hart  s  letters  to  Coventry.  H.  M.  C. 
Rep.  iv.  240,  note. 

1  On  the  arrest  of  Furstenberg 
see  Klopp,  Der  Fall  des  Houses 
Stuart,  i.  371.  The  Pantaleon  Sa 
affair  (vol.  i.  146,  147  note)  was 
quoted  as  a  precedent.  Welwood, 
Memoirs,  101. 


2  The  genius  of  Vauban  achieved 
this  important  capture.  Sheffield, 
Memoirs,  24,  says  that  an  attack 
without  any  danger  in  it  was 
arranged  and  postponed,  so  that 
Monmouth  might  gain  a  cheap  repu- 
tation. See,  however,  Lingard's 
note  on  this,  xii.  276  (3rd  ed.). 

3  They  were  published  in  1676. 


of  King  Charles  II.  25 

a  French  model.     The  parliament  had  in  the  year  1663,  in  chap.  II. 
order  to  the  bringing  our  trade  to  a  balance  with  England,     (^_ 
given  the  king  in  trust  a  power  to  lay  impositions  on  foreign      1663. 
commodities1.     So  upon  that  a  great  duty  was  lately  laid 
upon  French  salt,  in  order  to  the  better  venting  the  salt 
made  at  home :  upon  which  it  was  sold  very  dear,  and  that 
raised  great  complaints :  for,  as  the  salt  was  excessive  dear,  355 
so  it  did  not  serve  all  purposes.     All  people  looked  on  this 
as  the  beginning  of  a  gabel.     An  imposition  was  also  laid  July,  1673. 
on  tobacco  :  and  all  brandy  was  prohibited  to  be  imported, 
but  not  to  be  retailed  :  so  those  who  had  the  grant  of  the 
seizures  sold  them,  and  raised  the  price  very  much.     These 
occasioned  a   monopoly 2 :    and  the  price  of  those  things 
that  were  of  great  consumption  among  the  commons  was 
much    raised :    so   that   a   trust    lodged    with    the   crown 
was  now  abused  in  the  highest  degree.     As  these  things 
provoked  the  body  of  the  people,  so  duke  Lauderdale's 
insolence,  and  his  engrossing  every  thing  to  himself  and  to 
a  few  of  his  friends,  and  his  wife  and  his  brother  setting  |  all    MS.  179. 
things  to  sale,  raised  a  very  high  discontent  all  over  the 
nation.   The  affairs  of  the  church  were  altogether  neglected : 
so  that  in  all  respects  we  were  quite  out  of  joint. 

I  went  up  with  a  full  resolution  to  do  my  country  all  the 
service  I  could,  and  to  deal  very  plainly  with  the  duke  of 
Lauderdale,  resolving  if  I  could  do  no  good  to  retire  from 
all  affairs,  and  to  meddle  no  more  in  public  business.  I  lost 
indeed  my  best  friend  at  court:  Sir  Robert  Moray  died 
suddenly  at  that  time  3.  He  was  the  wisest  and  worthiest  July  4, 
man  of  the  age,  and  was  all  along  as  another  father  to  me.      l6?3' 

1  Acts  of  the  Parliament  of  Scotland,  minster  Abbey,  by  order  of  the  king, 

vii.  408,  503.  on  July  6,  1673.     Evelyn's   Diary  ; 

4  Kincardine  had  the  salt  mono-  see  vol.  i.  104,  &c.     For  an  account 

poly,  Sir  J.  Nicholson  that  of  tobacco,  of  his  death  on  July  4,  see  Letters  to 

and  Lord  Elphinstone  that  of  brandy.  Sir  J.  Williamson,  i.  85,  94.     It  has 

On  Nov.  26,  1673,  Lauderdale  had  not   previously  been  noted  that  he 

instructions  to  redress  these  abuses.  helped  Burnet  with  the  Lives  of  the 

Lauderdale  Papers,  ii.  247  ;  iii.  1.  Dukes  of  Hamilton.    Pref.  xviii.    Cf. 

3  '  That    good   and    accomplished  vol.  i.  41. 
gentleman'   was    buried     in   West- 


26  The  History  of  the  Reign 

Chap.  II.  I  was  sensible  how  much  I  lost  in  so  critical  a  conjuncture, 
September  *n  l°snig  the  truest  and  faithfullest  friend  I  had  ever  known  : 
l673'  and  so  I  saw  I  was  in  danger  of  committing  great  errors  for 
want  of  so  kind  a  monitor.  At  my  coming  to  court 1,  duke 
Lauderdale  took  me  into  his  closet,  and  asked  me  the  state 
of  Scotland.  I  upon  that  gave  him  a  very  punctual  and 
true  account  of  it.  He  seemed  to  think  that  I  aggravated 
matters  ;  and  asked  me,  if  the  king  should  need  an  army 
from  Scotland  to  tame  those  in  England,  whether  that 
might  be  depended  on  ?  I  told  him  certainly  not.  The 
commons  in  the  southern  parts  were  all  presbyterians  :  and 
the  nobility  thought  they  had  been  ill  used,a  were  gene- 
rally discontented,  and  only  waited  for  an  occasion  to  shew 
it.  He  said  he  was  of  another  mind  :  the  hope  of  the 
spoil  of  England  would  fetch  them  all  in.  I  answered,  the 
king  was  ruined  if  ever  he  trusted  to  that :  and  I  added, 
that  nobody  would  trust  the  king,  since  he  had  so  lately 
said  he  would  stick  to  his  declaration,  and  yet  had  so  soon 
after  that  given  it  up.  He  said,  Hinc  illx  lacrymx:  but 
the  king  was  forsaken  in  that  matter,  for  none  stuck  to  him 
but  lord  Clifford  and  himself:  and  then  he  set  himself  into 
a  fit  of  railing  at  lord  Shaftesbury.  I  was  struck  with  this 
conversation,  and  by  it  I  clearly  saw  into  the  desperate 
designs  of  the  court,  which  were  as  foolish  as  they  were 
356  wicked  :  for  I  knew  that  upon  the  least  disorder  in  England 
they  were  ready  in  Scotland  to  have  broke  out  into  a 
rebellion  :  so  far  were  they  from  any  inclination  to  have 
assisted  the  king  in  the  mastering  of  England.  I  was  much 
perplexed  in  my  self  what  I  ought  to  do,  whether  I  ought 
not  to  have  tried  to  give  the  king  a  truer  view  of  our  affairs  : 
but  I  resolved  to  stay  for  a  fit  opportunity.     I  tried  the 

*  The  following  lines  are  added  on  the  opposite  blank  page  marked  to  be 
inserted  here  and  not  as  in  the  text : — and  that  with  relation  to  other  more 
indifferent  persons,  who  might  be  otherwise  ready  enough  to  push  their  fortunes 
without  any  anxious  enquiries  into  the  grounds  they  went  on,  yet  even  these 


1  In   his   examination   before   the       day  as  the  '  first  Saturday  in  Sep- 
Commons  in  1675,  he  identified  the       tember,   1673,'  infra  74. 


of  King  Charles  II.  27 

duchess  of  Lauderdale,  and  set  before  her  the  injustice  and  Chap.  II. 
oppression  that  Scotland  was  groaning  under  :  but  I  saw 
she  got  too  much  by  it  to  be  any  way  concerned  at  it  \ 
They  talked  of  going  down  to  hold  a  session  of  parliament 
in  Scotland.  I  warned  them  of  their  danger,  but  they 
despised  all  I  could  say :  only  great  offers  were  made  to 
my-self,  to  make  me  wholly  theirs,  which  made  no  impres- 
sion on  me.  He  carried  me  to  the  king,  and  proposed  the 
licensing  my  Memoirs  2  to  him.  The  king  bid  me  bring 
them  to  him,  and  said  he  would  read  them  himself.  He 
did  read  some  parts  of  them,  particularly  the  account 
I  give  of  the  ill  conduct  of  the  bishops,  that  occasioned  the 
beginning  of  the  wars  3  :  and  told  me  that  he  was  well 
pleased  with  it.  He  was  at  that  time  so  much  offended 
with  the  English  bishops  for  opposing  the  toleration,  that 
he  seemed  much  sharpened  against  them.  He  gave  me 
back  my  book  to  carry  it  to  secretary  Coventry,  in  order 
to  the  licensing  it.  The  secretary  said  he  would  read  it  all 
himself :  so  this  obliged  me  to  a  longer  stay  than  I  intended. 
Sir  Ellis  Leighton  4  carried  me  to  the  Duke  of  Buckingham, 
with  whom  I  passed  almost  a  whole  night ;  and  happened 
so  far  to  please  him,  that  he,  who  was  apt  to  be  fired  with 
a  new  acquaintance,  gave  such  a  character  of  me  to  the 
king,  that  ever  after  that  he  took  much  notice  of  me,  and 
said  he  would  hear  me  preach.  He  seemed  well  pleased 
with  my  sermon,  and  spoke  of  it  in  a  strain  that  drew  much 
envy  on  me. 

He  ordered  me  to  be  sworn  a  chaplain,  and  admitted  me 
to  a  long  private  audience,  that  lasted  above  an  hour,  in 

1  '  The  only  apprehension  was  of  that  she  can  no  more  squeese   this 

my  Lord   Lauderdale's   being  influ-  country  as  she  has  done  for  several 

enced  by  his  lady  to  oppose  it  (viz.  yeears    past.'     James    to    the    Earl 

holding  a  parliament  in  Scotland  in  of    Dartmouth,    Dartmouth    Papers, 

168 r)  for  fear  lest  a  parliament  should  Nov.  i,  1681. 

look  a  little  more  narrowly  into  cer-  3  sal.  of  the   Dukes  of  Hamilton, 

tain  methods  she   had  lately  found  supra  24. 

out  of  getting   money  for   herself.'  3  See  pp.  37-39,  ed.  1852. 

Clarke's  Life  of  James  II,  i.  683.     R.  4  Vol.  i.  243,  note. 
'  That  which  vexes  her  most  is  to  see 


28  The  History  of  the  Reign 

Chap.  II.  which  I  took  all  the  freedoms  with  him  that  I  thought 
became  my  profession.  He  run  me  into  a  long  discourse 
about  the  authority  of  the  church,  which  he  thought  we 
made  much  use  of  in  our  disputes  with  the  dissenters,  and 
then  took  it  all  away  when  we  dealt  with  the  papists. 
I  plainly  saw  what  he  aimed  at  in  this  :  and  I  quickly 
convinced  him  that  there  was  a  great  difference  between 
an  authority  of  government  in  things  indifferent  and  a 
pretence  to  infallibility.  He  complained  heavily  of  the 
bishops  for  neglecting  the  true  concerns  of  the  church,  and 
following  courts  so  much,  and  being  so  engaged  in  parties. 
I  went  through  some  other  things,  with  relation  to  his 
course  of  life,  and  entered  into  many  particulars  with  much 
freedom.  He  bore  it  all  very  well  ;  and  thanked  me  for 
357  it.  Some  things  he  freely  condemned,  such  as  living  with 
another  man's  wife:  other  things  he  excused,  and  thought 
God  would  not  damn  a  man  for  a  little  irregular  pleasure1. 

MS.  180.  |  He  seemed  to  take  all  I  had  said  very  kindly,  and  during 
my  stay  at  court  he  used  me  in  so  particular  a  manner, 
that  I  was  considered  as  a  man  growing  into  a  high  degree 
of  favour. 

At  the  same  time  lord  Ancram  2,  a  Scotch  earl,  but  of 
a  small  fortune,  and  of  no  principles  either  as  to  religion 
or  virtue,  whose  wife  was  a  papist,  and  himself  a  member  of 
the  house  of  commons,  told  the  duke  that  I  had  a  great 
interest  in  Scotland,  and  might  do  him  service  in  that  king- 
dom. He  depended  on  duke  Lauderdale,  but  hated  him, 
because  he   did    nothing   for  him.     We  were   acquainted 

1  See  Cockburn's  Remarks,  54 ;  to  the  earldom  of  Ancram  at  his 
Salmon's  Examination,  719.  death.       Upon     Ancram,     see     the 

2  Charles  Kerr,  second  Earl  of  Seasonable  Argument;  for  the  dis- 
Ancram,  d.  1690.  He  sat  for  covery  of  the  authorship  of  which 
Wigan  in  all  the  Parliaments  of  this  a  reward  of  ^200  was  offered.  It 
reign  (entered  wrongly  in  Pari.  is  in  the  first  edition  of  Marvell's 
Hist,  as  Antrim).  In  a  note  to  the  works,  but  is  not  admitted  by  Dr. 
Pari.  Hist.  iv.  461,  he  is  confused  Grosart.  It  may  be  seen  in  the 
with  his  more  celebrated  brother  Pari.  Hist,  iv,  App.  iii.  See  also 
Robert,  created  Marquis  of  Lothian  Flagellum  Parliamentarium. 

by  William  III,  who  only  succeeded 


of  King  Charles  II.  29 

there:  and,  he  having  studied  the  most  in  divinity  of  any  Chap.  II. 
man  of  quality  I  ever  knew,  we  found  many  subjects  of 
discourse.  He  saw  I  did  not  flatter  duke  Lauderdale,  and 
he  fancied  he  might  make  a  tool  of  me.  So  he  seemed  to 
wonder  that  I  had  not  been  carried  to  wait  on  the  duke, 
and  brought  me  a  message  from  him  that  he  would  be 
glad  to  see  me :  and  upon  that  he  carried  me  to  him.  The 
duke  received  me  very  graciously.  Lord  Ancram  had  a 
mind  to  engage  me  to  give  him  an  account  of  the  affairs 
of  Scotland ;  but  I  avoided  that,  and  very  bluntly  entered 
into  much  discourse  with  him  about  matters  of  religion. 
He  said  some  of  the  common  things  of  the  necessity  of 
having  but  one  church,  otherwise  we  saw  what  swarms  of 
sects  did  rise  up  on  our  revolt  from  Rome,  and  these  had 
raised  many  rebellions,  and  the  shedding  much  blood  :  and 
he  named  both  his  father's  death  and  his  great-grand- 
mother's, Mary  queen  of  Scots.  He  also  turned  to  some 
passages  in  Heylin's  History  of  the  Reformation  *,  which 
he  had  lying  by  him  :  and  the  passages  were  marked,  to 
shew  upon  what  motives  and  principles  men  were  led 
into  the  changes  that  were  then  made.  I  enlarged  upon 
all  these  particulars  ;  and  shewed  him  the  progress  that 
ignorance  and  superstition  had  made  in  many  dark  ages, 
and  how  much  bloodshed  was  occasioned  by  the  papal 
pretensions,  to  all  which  the  opinion  of  infallibility  was 
a  source  never  to  be  exhausted.  And  I  spake  long  to  such 
things  as  were  best  suited  to  his  temper  and  his  capacity. 
I  saw  lord  Ancram  helped  him  all  he  could,  by  which  I 
perceived  how  he  made  his  court ;  for  which  when 
I  reproached  him  afterwards,  he  said  it  was  ill  breeding  in 
me  to  press  so  hard  on  a  prince.  The  duke  upon  this 
conversation  expressed  such  a  liking  to  me,  that  he  ordered 
me  to  come  oft  to  him  :  and  afterwards  he  allowed  me  to 
come  to  him  in  a  private  way,  as  oft  as  I  pleased.     He 

1  Ecclesia  Restaurata,  or  the  History  Robertson  for  the  Ecclesiastical 
of  the  Reformation,  London,  1661,  History  Society.  Peter  Heylin  was 
edited   in   1849  by  the   Rev.  J.   C.       born  1602,  and  died  1662. 


30  The  History  of  the  Reign 

Chap.  II.  desired  to  know  the  state  of  affairs  in  Scotland.  I  told  him 
how  little  that  kingdom  could  be  depended  on.  I  saw  he 
was  firm  to  duke  Lauderdale  :  therefore  I  laid  the  faults 
358  on  others,  and  excused  him  the  best  I  could.  But  I  turned 
the  discourse  often  to  matters  of  religion.  He  bore  it  very 
gently ;  for  he  was  not  at  all  rough  in  private  conversation. 
He  wished  I  would  let  those  matters  alone :  I  might  be  too 
hard  for  him,  and  silence  him,  but  I  could  never  convince 
him  l.  I  told  him  it  was  a  thing  he  could  never  answer  to 
God  nor  the  world,  that,  being  born  and  baptized  in  our 
church,  and  having  his  father's  last  orders  to  continue  stead- 
fast in  it,  he  had  suffered  himself  to  be  seduced,  and  as  it 
were  stolen  out  of  it,  hearing  only  one  side,  without  offering 
his  scruples  to  our  divines,  or  hearing  what  they  had  to  say 
in  answer  to  them  ;  and  that  he  was  now  so  fixed  in  his 
popery  that  he  would  not  so  much  as  examine  the  matter. 
He  said  to  me,  he  had  often  picqueered  out  (that  was  his 
word)  on  Sheldon  and  some  other  bishops ;  by  whose 
answers  he  could  not  but  conclude  that  they  were  much 
nearer  the  church  of  Rome  than  some  of  us  young  men 
were.*  Stillingfieet  had  a  little  before  this  time  published 
a  book  of  the  idolatry  and  fanaticism  of  the  church  of 
Rome  2.     Upon  that  the  duke  said  he  had  asked  Sheldon, 

a  The  following  lines  are  here  struck  out : — He  said  they  had  been  bred  by 
Dr.  Stewart  to  a  great  submission  to  the  church,  and  since  it  was  so,  he  thought 
it  better  to  pay  that  to  the  Catholic  church  than  to  the  church  of  England.  He 
had  been  always  taught  to  believe  a  real  presence  in  the  Sacrament,  and  he  thought 
it  was  no  great  step  from  that  to  believe  transubstantiation. 


1  In  one  of  the  duke's  letters  (to  but  upon  mature  consideration,  and 
the  first  Lord  Dartmouth),  he  writes  foreseeing  all  and  worse  than  has  yet 
[in  1679,  from  Brussels,  whither  he  happened  to  me.'  D.  This  is  con- 
had  been  exiled], '  Pray,  once  for  all,  stantly  repeated  in  other  words,  e.  g. 
never  say  any  thing  to  me  again  of  H.  M.  C.  Rep.  xi,  App.  v.  36.  '  The 
turning  Protestant  ;  do  not  expect  it,  Duke  is  unmooved  by  all  conferences 
or  flatter  yourself  I  shall  ever  be  it.  about  Religion,  and  ends  all  by  say- 
I  never  shall,  and  if  occasion  Were,  ing  he  is  "  fixed  ".'  Sir  W.  Temple 
I  hope  God  would  give  me  his  grace  to  Essex,  Oct.  25,  1673,  Essex 
to  suffer  death  for  the  true  catholic  Papers. 

religion     as    well     as     banishment.  2  Discourse  concerning  the  idolatry 

What  I  have  done  was  not  hastily,  practised  in  the  Church  of  Rome,  1671. 


of  King  Charles  II.  31 

if  it  was  the  doctrine  of  the  church  of  England  that  Roman  Chap.  II. 
catholics  were  idolaters :  who  answered  him  it  was  not  ; 
but  that  young  men  of  parts  would  be  popular,  and  such 
a  charge  was  the  way  to  it.  He  at  that  time  shewed  me  the 
duchess's  paper,  that  has  been  since  printed  :  it  was  all  writ 
with  her  own  hand1.  He  gave  me  leave  to  read  it  twice 
over :  but  would  not  suffer  me  to  copy  it.  And  upon  the 
mention  made  in  it  of  her  having  spoke  to  bishops  concerning 
some  of  her  scruples,  and  that  she  had  such  answers  from 
them  as  confirmed  and  heightened  theirij  I  went  from  him 
to  Morley,  |  as  was  said  formerly,  and  had  from  him  the  MS.  181. 
answer  there  set  down.  I  asked  the  duke's  leave  to  bring 
doctor  Stillingfleet  to  him.  He  was  averse  to  it,  and  said 
it  would  make  much  noise,  and  could  do  no  good.  I  told 
him,  even  the  noise  would  have  a  good  effect  :  it  would 
shew  he  was  not  so  obstinate,  but  that  he  was  willing  to 
hear  our  divines.  I  pressed  it  much  ;  for  it  became  neces- 
sary to  me,  on  my  own  account,  to  clear  myself  from 
the  suspicion  of  popery,  which  this  extraordinary  favour 
had  drawn  upon  me.  I  at  last  prevailed  with  the  duke 
to  consent  to  it :  and  he  assigned  an  hour  of  audience. 
Stillingfleet  went  very  readily,  though  he  had  no  hopes  of 
success.  We  were  about  two  hours  with  him,  and  went 
over  most  of  all  the  points  of  controversy.  Stillingfleet 
thought  the  point  that  would  go  the  easiest,  and  be  the  best 
understood  by  him,  was  the  papal  pretensions  to  a  power 
over  princes,  in  deposing  them,  and  giving  their  dominions 
to  others  2  :  and  upon  that  he  shewed  him  that  popery  was 

The    '  Defence '    of  the    above   was  lished  in  1686,   and  reprinted  (from 

published  in  1673.  the      original     impression)     in     the 

1  The  paper  alleged  to  have  been  Harleian    Miscellany,    v.    44.       It    is 

written  by  the  Duchess  of  York  was  also  to  be   found  in  Kennett's  His- 

first  published  after  her  death  as  a  lory,   iii.  292,    293.     Cf.   vol.   i.    557, 

single  sheet    (n.  d.    dated   1671  ?    in  note. 

the  British  Museum  Catalogue),  en-  2  The    kingdom    of    Navarre    has 

titled    A    Copy   of    a    Paper  written  been   held  by  the    crown    of   Spain 

by   the  late  Dutchess  of  York,  dated  ever   since    the   year    1512,   by    no 

St.  James's  Aug.  the  20th  1670.'     It  other    title    than     Pope    Julius    the 

was     afterwards     separately     pub-  Second's  excommunication  of  King 


32  The  History  of  the  Reign 

Chap.  II.  calculated  to  make  the  pope  the  sovereign  of  all  Christen- 
359  dom.  The  duke  shifted  the  discourse  from  one  point  to 
another,  and  did  not  seem  to  believe  the  matters  of  fact 
and  history  alleged  by  us.  So  we  desired  he  would  call 
for  some  priests,  and  hear  us  discourse  of  those  matters 
with  them  in  his  presence.  He  declined  this,  and  said  it 
would  make  noise.  He  assured  us  he  desired  nothing  but 
to  follow  his  own  conscience,  which  he  imposed  on  no  body 
else,  and  that  he  would  never  attempt  to  alter  the  established 
religion.  He  loved  to  repeat  this  often,  but  when  I  was 
alone  with  him,  I  warned  him  of  the  great  difficulties  his 
religion  was  like  to  cast  him  into.  This  was  no  good 
argument  to  make  him  change,  but  it  was  certainly  a  very 
good  argument  to  make  him  consider  the  matter  so  well, 
that  he  might  be  sure  he  was  in  the  right.  He  objected 
to  me  the  doctrine  of  the  church  of  England  in  the  point 
of  submission,  and  of  passive  obedience.  I  told  him  there 
was  no  trusting  to  a  disputable  opinion :  there  were  also 
distinctions  and  reserves  even  in  those  who  had  asserted 
these  points  the  most,  and  it  was  very  certain  that  when 
men  saw  a  visible  danger  of  being  first  undone  and  then 
burnt,  they  would  be  inclined  to  the  shortest  way  of 
arguing,  and  to  save  themselves  the  best  way  they  could. 
Interest  and  self-preservation  were  powerful  motives.  He 
did  very  often  assure  me  he  was  against  all  violent  methods, 
and  all  persecution  for  conscience  sake,  and  was  better 
furnished  to  speak  well  on  that  head  than  on  any  other. 
I  told  him  all  he  could  say  that  way  would  do  him  little 
service,  for  the  words  of  princes  were  looked  on  as  arts  to 
lay  men  asleep,  and  they  had  generally  regarded  them  so 
little  themselves,  that  they  ought  not  to  expect  that  others 
should  have  great  regard  to  them.  I  added,  he  was  now 
of  a  religion  in  which  others  had  the  keeping  of  his  con- 
science, who  would  now  hide  from  him  this  point  of  their 
religion,  since  it  was  not  safe  to  own  it,  till  they  had  it  in 

John,  for  being  in  confederacy  with       Ferdinand  the  Catholic  took  posses- 
Lewis  XII   of  France,  upon  which       sion.    D. 


of  King  Charles  II.  33 

their  power  to  put  it  in  practice :  and  whenever  that  time  Chap,  ii 
should  come,  I  was  sure  that  the  principles  of  their  church 
must  carry  them  to  all  the  extremities  of  extirpation. 
I  carried  a  volume  of  judge  Croke's  *  to  him,  in  which  it 
is  reported  that  king  James  had  once  in  council  complained 
of  a  slander  cast  on  him,  as  if  he  was  inclined  to  change 
his  religion  ;  and  had  solemnly  vindicated  himself  from  the 
imputation  ;  and  prayed  that  if  any  should  ever  spring  out 
of  his  loins  that  should  maintain  any  other  religion  than 
that  which  he  truly  maintained  and  professed,  that  God 
would  take  him  out  of  the  world 2.  He  read  it,  but  it 
made  no  impression.  And  when  I  urged  him  with  some 
things  in  his  father's  book,  he  gave  me  the  account  of  it 
that  was  formerly  mentioned3.  He  entered  into  great 
freedom  with  me  about  all  his  affairs  :  and  he  shewed  me  36 
the  journals  he  took  of  business  every  day,  with  his  own 
hand :  a  method,  he  said,  that  the  earl  of  Clarendon  had 
set  him  on.  The  duchess  had  begun  to  write  his  life :  he 
shewed  me  a  part  of  it,  in  a  thin  volume  in  folio.  I  read 
some  of  it,  and  found  it  writ  with  great  spirit  4.  He  told 
me  he  intended  to  trust  me  with  his  journals,  that  I  might 
draw  a  history  out  of  them.  And  thus  in  a  few  weeks' 
time  I  had  got  far  into  his  confidence.  He  did  also  allow 
me  to  speak a  to  him  of  the  irregularities  of  his  life,  some 
of  which  he  very  freely  confessed  :  and  when  I  urged  him 
how  such  a  course  of  life  did  agree  with  the  zeal  he  shewed 
in  his  religion,  he  answered,  Must  a  man  have  no  religion 

a  very  freely  struck  out. 


1  Sir-Jdohjj Croke  (1560-1642)  was  2  It  is  strange  that  Swift  should 

made  Justice  of  the  Common  Pleas  have   missed    this  '  that,  that,  that, 

in    Feb.    162*,   and    Judge    of   the  that.'     It  was  Burnet's  quotation  of 

King's  Bench  in  Oct.  1628,  in  which  .  this  prayer  of  James  I  in  his  sermon 

latter  capacity  he  sat  on  the  Ship-  of  Nov.    5,   1684  which  led   to  his  . 

money  case    He  wrote  Law  Reports "  being   silenced   as    chaplain   to   the 

covering  from  1580-1640  in  Norman-  >  Master    of    the    Rolls.      See    infra 

French,  which  were  translated  by  his  441,   442. 

son-in-law,  Sir  Harbottle  Grimston.  3  Cf.  vol.  i.  87. 

See  infra  76.  4  Cf.  vol.  i.  299. 
VOL.  II.                                              D 


34  The  History  of  the  Reign 

Chap.  ii.  unless  he  is  a  saint  ?  Yet  he  bore  my  freedom  very  gently, 
and  seemed  to  like  me  the  better  for  it.  My  favour  with 
him  grew  to  be  the  observation  of  the  whole  court x.  Lord 
Ancram  said  I  might  be  what  I  pleased  with  him,  if  I  would 
be  a  little  softer  in  the  points  of  religion.  Sir  Ellis 
Leighton   brought  me  a  message  from  F.  Sheldon,  and 

MS.  182.  some  of  his  priests,  assuring  me  they  heard  so  |  well  of  me 
that  they  offered  me  their  service.  He  pressed  me  to 
improve  my  present  advantages  to  the  making  my  fortune. 
The  see  of  Durham  was  then  vacant,  and  he  was  confident 
it  would  be  no  hard  matter  for  me  to  compass  it.  But 
I  had  none  of  those  views,  and  so  was  not  moved  by  them. 
The  duke  of  Buckingham  asked  me,  what  I  meant  in  being 
so  much  about  the  duke  ?  if  I  fancied  I  could  change  him 
in  point  of  religion,  I  knew  him  and  the  world  very  little : 
if  I  had  a  mind  to  raise  my  self,  a  sure  method  was  to  talk 
to  him  of  the  Reformation  as  a  thing  done  in  heat  and  haste, 
and  that  in  a  calmer  time  it  might  be  fit  to  review  it  all. 
He  said  I  needed  go  no  further,  for  such  an  intimation 
would  certainly  raise  me.  And  when  I  was  positive  not 
to  enter  into  such  a  compliance,  he  told  me  he  knew 
courts  better  than  I  did.  Princes  thought  their  favours  were 
no  ordinary  things  :  they  expected  great  submissions  in 
return :  otherwise  they  thought  they  were  despised :  and 
I  would  feel  the  ill  effects  of  the  favour  I  then  had,  if  I  did 
not  strike  into  some  compliances  :  and  since  I  was  resolved 
against  these,  he  advised  me  to  withdraw  from  the  court, 
the  sooner  the  better.  I  imputed  this  to  his  hatred  of  the 
duke :  but  I  found  afterwards  the  advice  was  sound  and 
good.  I  likewise  saw  those  things  in  the  duke's  temper, 
from  which  I  concluded  I  could  not  maintain  an  interest 
in  him  long.  He  was  for  subjects  submitting  in  all  things 
to  the  king's  notions,  and  thought  that  all  who  opposed  him 

1  '  The  Duke  was  saying  that  Bur-  was  not  a  competent  judge,  for  he 

net  was  a  much  better  preacher  than  never  came  to  Court  to  hear  any  of 

any  of  the  Drs  soe  much  crjred  up  at  them   preach.'     Charles   Hatton    to 

Court.     H.   Savel  told  him  that  he  Lord  Hatton,  Hatton  Corr.  i.  129. 


of  King  Charles  II.  35 

or  his  ministers  in  parliament  were  rebels  in  their  hearts  ;  Chap.  II. 
and  he  hated  all  popular  things,  as  below  the  dignity  of 
a  king.     He  was  much  sharpened  at   that   time   by  the 
proceedings  of  the  house  of  commons1. 

In  the  former  session  2,  it  was  known  that  he  was  treating  36i 
a  marriage  with  the  archduchess  :  and  yet  no  address  was 
made  to  the  king  to  hinder  his  marrying  a  papist.  His 
honour  was  not  then  engaged  :  so  it  had  been  seasonable, 
and  to  good  purpose,  to  have  moved  in  it  then.  But  now 
he  was  married  by  proxy,  and  Lord  Peterborough  had 
brought  the  lady  to  Paris 3.  The  house  of  commons 
resolved  to  follow  the  pattern  the  king  of  France  had 
lately  set.  He  treated  with  the  elector  palatine  for  a 
marriage  between  his  brother  and  the  elector's  daughter4, 
in  which  one  of  the  conditions  agreed  to  was,  that  she 
should  enjoy  the  freedom  of  her  religion,  and  have  a  private 
oratory  for  the  exercise  of  it  ;  but  when  she  came  on  her 
way  as  far  as  Metz,  an  order  was  sent  to  stop  her  till  she 
was  better  instructed  :  upon  which  she  changed,  at  least  as 
to  outward  appearance.  It  is  true  the  court  of  France 
gave  it  out  that  the  elector  had  consented  to  this  method, 
for  the  saving  his  own  honour  ;  and  he  had  given  the  world 
cause  to  believe  he  was  capable  of  that,  though  he  con- 

1  For  the  state  of  parties   in  the  Mrs.  Churchill.'     Conway  to  Essex, 
Commons  at  this  time,  see  the  vivid  Dec.  30,  1673,  Essex  Papers,  i.  159. 
account  in  Temple's  letter  to  Essex,  *  scil.    Charlotte    Elizabeth,    who, 
Essex  Papers,  i.  131.  but  for  her  change  in  religion,  would 

2  The  session  ending  March  29,  have  been  Queen  of  England  in 
167!.  place  of  George  I,  a  marriage  with 

3  He  went  first  to  see  a  daughter  whom  was  at  one  time  thought  of. 
of  the  Duke  of  Neuburg  (who  was  See  supra  20,  note.  She  was  a 
afterwards  married  to  the  Emperor  woman  of  remarkable  character  and 
Leopold),  but  that  dropt  upon  a  humour  ;  and  her  Life  and  Letters, 
ridiculous  description  he  sent  of  her  published  in  1889,  is  of  extreme 
person,  -which  concluded,  that  there  value  both  for  the  delineation  of 
was  nothing  white  about  her  but  her  this  character,  and  for  the  picture 
eyes.  D.  See  Marvell's  Advice  to  a  it  gives  of  the  French  Court.  See 
Painter,  1.  36.  James  soon  treated  also  Correspondance  de  Madame 
his  wife  with  neglect.  '  The  Duke  Duchesse  d'Orle'ans,  transl.  and  ed.  by 
hath    already    made     his    visits    to  E.  Jaegle,  Paris,  1890,  3  vols. 

D  2 


36  The  History  of  the  Reign 

Chap.  II.  tinued  openly  to  deny  it.     The  house  of  commons  resolved 
0  to  follow  this  precedent,  and  to  make  an  address  to  the 

1673.  king  to  stop  the  princess  of  Modena's  coming  to  England, 
till  she  should  change  her  religion  l.  Upon  this  the  duke 
moved  the  king  to  prorogue  the  parliament  for  a  week,  and 
a  commission  was  ordered  for  it.  The  duke  went  to  the 
house  on  the  day,  to  press  the  calling  up  the  commons 
before  they  could  have  time  to  go  on  to  business.  Some 
peers  were  to  be  brought  in ;  the  duke  pressed  lord 
Shaftesbury  to  put  that  off,  and  to  prorogue  the  parlia- 
ment. He  said  coldly  to  him,  there  was  no  haste ;  but 
the  commons  made  more  haste :  for  they  quickly  came  to 
a  vote  for  stopping  the  marriage,  and  by  this  means  they 
were  engaged,  having  put  such  an  affront  on  the  duke,  to 
proceed  further.  He  presently  told  me  how  the  matter 
went,  and  how  the  lord  chancellor  had  used  him,  and  he 
was  confident  the  king  would  take  the  seals  from  him,  if 
he  could  not  manage  the  sessions  so  as  to  procure  him 
money,  of  which  there  was  indeed  small  appearance. 
I  told  him  I  looked  on  that  as  a  fatal  thing ;  if  the  com- 
mons began  once  to  affront  him,  that  would  have  a  sad 
train  of  consequences,  as  soon  as  they  thought  it  necessary 
for  their  own  preservation  to  secure  themselves  from  falling 
under  his  revenges.  He  said  he  was  resolved  to  stand  his 
ground,,  and  to  submit  to  the  king  in  everything  :  he  would 
never  take  off  an  enemy,  but  he  would  let  all  the  world  see 
that  he  was  ready  to  forgive  every  one  that  should  come 
off  from  his  opposition,  and  make  applications  to  him. 
Oct.  27,  When  the  week  of  the  prorogation  was  ended,  the  session 
was  opened  by  a  speech  of  the  king's  which  had  such 
various  strains  in  it  that  it  was  plain  that  it  was  made  by 
362  different  persons.     The  duke  told    me   that   during   lord 

1  The  House  met  on  Oct.  20,  and  A  second  address  to  the  king  pro- 

the  prorogation  was  to  Oct.  27.     It  duced   a    second    prorogation   from 

had  been  intended  to  attack  Lauder-  Nov.  4  to  Jan.  7.     In  the  interval  (on 

dale,  Buckingham,  and  others  at  this  Nov.  9)  Shaftesbury  was  dismissed 

meeting,  but  this  did  not  take  place  and    Heneage     Finch    made     Lord 

till  the  next  session,   infra  43,  44.  Keeper. 


of  King  Charles  II.  37 

Clarendon's  favour,  he  had  penned  all  the  king's  speeches,  Chap.  II. 
but  that  now  they  were  composed  in  the  cabinet,  one 
minister  putting  in  one  period,  while  another  made  another; 
so  that  all  was  not  of  a  piece.  He  told  me  lord  Arlington 
was  almost  dead  with  fear,  but  lord  Shaftesbury  reckoned 
himself  gone  at  court,  and  acted  more  roundly1.  In  his 
speech  he  studied  to  correct  his  Delenda  est  Carthago, 
applying  it  to  the  Loevestein  party,  whom  he  called  the 
Carthaginians :  but  this  made  him  as  ridiculous  as  the 
other  had  made  him  odious 2.  The  house  of  commons 
I  took  up  again  the  matter  of  the  duke's  marriage,  and  MS.  183. 
moved  for  an  address  about  it ;  but  it  was  said  the  Oct.  31. 
king's  honour  was  engaged  3.  Yet  they  addressed  to  him 
against  it.  But  the  king  made  them  no  answer.  But 
that  time  I  had  obtained  of  secretary  Coventry  a  license 
for  my  book,  which  the  king  said  should  be  printed  at  his 
charge. 

But  now  I  must  give  an  account  of  a  storm  raised  against 
myself,  the  effects  of  which  were  very  sensible  to  me  for 
many  years.  The  duke  of  Lauderdale  had  kept  the  Scotch 
nation  in  such  a  dependence  on  himself,  that  he  was  not 
pleased  with  any  of  them  that  made  any  acquaintance  in 
England,  and  least  of  all  in  the  court:  nor  could  he  endure 
that  any  of  them  should  apply  themselves  to  the  king  or 
the  duke  but  through  him.  So  he  looked  on  the  favour 
I  had  got  into  with  a  very  jealous  eye ;  and  his  duchess 

1  Some  evidence  has  been  pro-  so  called  from  the  castle  of  that 
duced,  that  the  king  afterwards  name  in  which  William  II,  the 
endeavoured  without  success  to  de-  father  of  the  Prince  of  Orange,  had 
tach  Lord  Shaftesbury  from  the  imprisoned  his  political  opponents  in 
party,  which  he  finally  espoused.  the  States  of  Holland,  July  30,  1650. 
See  Collins' s  Peerage,  iii.  568.    R.  Pontalis,  Jean  de  Witt,  i.  47. 

2  He  always  denied  these  to  be  3  The  Parliament  was  prorogued 
his  own  words,  and  said  they  were  on  Nov.  4  to  Jan.  7.  On  Oct.  27, 
proposed  by  some  other  persons  of  Seymour,  the  Speaker,  was  bitterly 
the  king's  council,  and  he  obliged  attacked,  a  motion  to  appoint  a  fresh 
by  order  to  put  them  into  the  speech  Speaker  pro  tempore  being  made, 
he  made  to  the  Parliament,  in  the  '  Never  poore  speaker  was  so 
former  sessions.  O.  See  Pari.  Hist.  curried  as  he  was  that  day.'  Verney 
iv.  587.     The  Loevestein  party  was  MSS.,  Oct.  30,  167$ . 


38  The  History  of  the  Reign 

Chap.  ii.  questioned  me  about  it.  Those  who  know  what  court 
jealousies  are,  will  easily  believe  that  I  must  have  said 
somewhat  to  satisfy  them  or  break  with  her.  I  told  her, 
what  was  very  true  as  to  the  duke,  that  my  conversation 
with  him  was  about  religion  ;  and  that  with  the  king  I  had 
talked  of  the  course  of  life  he  led.  I  observed  a  deep 
jealousy  of  me  in  them  both,  especially  because  I  could  not 
go  with  them  to  Scotland 1.  I  said  I  would  follow  as  soon 
as  the  secretary  should  despatch  me  ;  and  as  soon  as  that 
was  done  I  took  post,  and  by  a  great  fall  of  snow  I  was 
stopped  by  the  way,  but  I  unhappily  got  to  Edinburgh2 
the  night  before  the  parliament  met.  Duke  Hamilton  and 
many  others  told  me  how  strangely  duke  Lauderdale  talked 
of  my  interest  at  court,  as  if  I  was  ready  to  turn  papist. 
Duke  Hamilton  also  told  me  they  were  resolved  next  day 
to  attack  duke  Lauderdale,  and  his  whole  administration 
in  parliament.  I  was  troubled  at  this,  and  argued  with 
him  against  the  fitness  of  it  all  I  could  ;  but  he  was  engaged 
He  told  me  the  earls  of  Rothes,  Argyll,  and  Tweeddale, 
and  all  the  cavalier  party,  had  promised  to  stick  by  him  3. 
I  told  him,  what  afterwards  happened,  that  most  of  these 
would  make  their  own  terms,  and  leave  him  in  the  lurch  : 
and  the  load  would  lie  on  him.  When  I  saw  the  thing 
363  was  past  remedy,  I  resolved  to  go  home  and  follow  my 
studies,  since  I  could  not  keep  duke  Lauderdale  and  him 

Nov.  12,   any  longer  in  a  good  understanding.     Next  day,  when  the 

73'      parliament  was  opened  4,  the  king's  letter  was  read,  desiring 

their  assistance  in  carrying  on  the  war  with  Holland,  and 

assuring  them  of  his  affection  to  them  in  very  kind  words. 

This  was  seconded  by  duke  Lauderdale  in  a  long  speech ; 

1  From  the  Lauderdale  Papers,  hi.  side    in    the    debates.      Lauderdale 

10,  it  seems  that  Burnet  was  out  of  Papers,  ii.  242. 

favour  with  both  Charles  and  James  4  Nov.  12,  1673.     The  correctness 

in  December,  1673.  of  Burnet's  account  is  fully  borne 

.  2  In  the  Letters  to  Sir  J.  William-  out  by  Lauderdale's  despatch  to  his 

son,  ii.  42,  it  is  stated  that  Lauderdale  brotherand  deputy,  Charles  Maitland, 

took  out  a  pardon  before  he  left.  of  Nov.  13,  1673.     Lauderdale  Papers, 

3  Argyll  spoke  upon  Lauderdale's  ii.  241. 


of  King  Charles  II.  39 

and  immediately  it  was  moved  to  appoint  a  committee  to  Chap.  II. 
prepare  an  answer  to  the  king's  letter,  as  was  usual.  Duke 
Hamilton  moved  that  the  state  of  the  nation  might  be  first 
considered,  that  so  they  might  see  what  grievances  they 
had :  and  he  hinted  at  some.  And  then,  as  it  had  been 
laid,  about  twenty  men,  one  after  another,  spoke  to  several 
particulars.  Some  mentioned  the  salt,  others  the  tobacco 
and  the  brandy  :  some  complained  of  the  administration 
of  justice,  and  others  of  the  coin1.  With  this  the  duke  of 
Lauderdale  was  struck,  as  one  almost  dead  ;  for  he  had 
raised  his  credit  at  court  by  the  opinion  of  his  having  all 
Scotland  in  his  hand,  and  in  a  dependence  on  him  :  so 
a  discovery  of  his  want  of  credit  with  us  he  saw  must  sink 
him  there  2.  He  had  not  looked  for  this,  though  I  had 
warned  him  of  a  great  deal  of  it.  But  he  reflecting  on 
that,  and  on  the  credit  I  had  got  at  court,  and  on  the  haste 
I  made  in  my  journey,  and  my  coming  critically  the  night 
before  the  session  opened,  he  laid  all  this  together,  and 
fancied  I  was  sent  upon  design,  as  the  agent  of  the  party, 
and  that  the  licensing  my  book  was  only  a  blind.  He 
believed  sir  Robert  Moray  had  laid  it,  and  the  earl  of 
Shaftesbury  had  managed  it.  And  because  it  was  a 
common  artifice  of  that  king's  ministers,  to  put  the  mis- 
carriage of  affairs  upon  some  accident  that  had  not  been 
foreseen  by  them,  but  should  be  provided  against  for  the 
future,  he  assured  the  king  that  I  had  been  the  incendiary, 
and  that  I  had  my  uncle's  temper  in  me,  and  that  I  must 
be  subdued,  otherwise  I  would  embroil  all  his  affairs 3.  The 
king  took  all  things  of  that  kind  easily  from  his  ministers, 
without  hearing  any  thing  to  the  contrary :  for  he  was  wont 

1  See  supra  25.  blown  up  and  the  king  may  do  what 

2  Possibly  this  feeling  inspired  the  he  pleases  .  .  .  heir.'  Webster  MSS. 
following  remarkable  assertion  in  a  3  In  the  Rawlinson  MSS.,  C.  936, 
letter  from  Lauderdale  of  Dec.  11,  f.  27,  there  is  a  copy  of  Burnet's 
1673.  '  There  never  was  the  least  letter  to  Lauderdale  of  Dec.  15,  1673, 
reflection  on  me  in  Parliament  or  any  upon  losing  his  favour,  containing 
judicatorie  (whatever  be  the  lyes  many  protestations  of  attachment 
vented  at  London),  so  that  all  the  and  fidelity.  His  '  uncle,'  sal. 
contrivances  of  differences  heir  are  Johnston  of  Warrington  ;  vol.  i.  43. 


40  The  History  of  the  Reign 

Chap.  II.  to  say  all  apologies  were  lies  :  upon  which  one  said  to  him, 

J~x      then  he  would  always  believe  the  first  lie.     But  all  this 

I674-      was  much  increased  when  duke  Lauderdale  upon  his  coming 

up  told  the  king  that  I  had  boasted  to  his  wife  of  the 

freedom  that  I  had  used  with  him  upon  his  course  of  life l. 

With  this  the  king  was  highly  offended,  or  at  least  he  made 

much  use  of  it  to  justify  many  hard  things  that  he  said  of 

me  :  and  for  many  years  he  allowed  himself  a  very  free  scope 

in  talking  of  me.     I  was  certainly  to  blame  for  the  freedom 

I  had  used  with  the  duchess   of  Lauderdale :  but  I  was 

surprised  by  her  question,  and  I  could  not  frame  myself  to 

tell  a  lie  :  so  I  had  no  other  shift  ready  to  satisfy  her. 

But  the  duke  [of  York]  kept  up  still  a  very  good  opinion 

364  of  me.     I  went  home  to  Glasgow,  where  I  stayed  following 

my  studies  till  June  following,  that  I  went  again  to  London. 

Duke   Lauderdale  put  off  the   session  of  parliament  for 

May  6,     some  time,  and  called  a  council,  in  which  he  said  great 

l6?4'      complaints  had   been  made  in  parliament  of  grievances. 

He  had   full  authority  to  redress  them  all  in  the  king's 

name :  therefore  he  charged  the  privy  councillors  to  lay  all 

things  of  that  kind  before  that  board,  and   not  to  carry 

them  before  any  other  assembly,  till  they  saw  what  redress 

was  to  be  had  there2.     Duke  Hamilton  said,  the  regular 

way  of  complaints  was  to  make  them  in  parliament,  which 

MS.  184.  only  could  redress  them  |  effectually  ;  since  the  putting 
them  down  by  the  authority  of  council  was  only  the  laying 
them  aside  for  a  while  till  a  fitter  opportunity  was  found 
to  take  them  up  again.  Upon  this  duke  Lauderdale  pro- 
tested that  he  was  ready  in  the  king's  name  to  give  the 
subject  ease  and  freedom,  and  that  those  who  would  not 
assist  and  concur  in  this  were  wanting  in  duty  and  respect 
to  the  king  ;  and  since  he  saw  the  matter  of  the  salt,  the 
tobacco,  and  the  brandy,  had  raised  much  clamour,  he 
would  quash  these  3.   But  the  party  had  a  mind  to  have  the 

1  See  supra  26.  3  On  Nov.  17,  1673,  the  questions 

2  Lauderdale  Papers,  iii.  43.     Lau-       of  the  pre-emption  of  salt,  the  law 
derdale  was  not  present.  against  importation  of  brandy,  and 


of  King  Charles  II.  41 

instruments  of  their  oppression  punished,  as  well  as  the  Chap.  II. 
oppression  it  self  removed  ;  and  were  resolved  to  have 
these  things  condemned  by  some  exemplary  punishment, 
and  to  pursue  duke  Lauderdale  and  his  party  with  this 
clamour.  Next  session  of  parliament  many  new  complaints 
were  offered 1.  Duke  Lauderdale  said,  these  ought  to  be 
made  first  to  the  lords  of  the  articles,  to  whom  all  peti- 
tions and  motions  ought  to  be  made  first,  and  that  they 
were  the  only  judges  what  matters  were  fit  to  be  brought 
into  parliament.  The  other  side  said,  they  were  only 
a  committee  of  parliament,  to  put  motions  into  the  form 
of  acts  ;  but  that  the  parliament  had  still  an  entire 
authority  to  examine  into  the  state  of  the  nation.  In 
this  debate  they  had  the  reason  of  things  on  their  side  : 
but  the  words  of  the  act  favoured  duke  Lauderdale.  So 
he  lodged  it  now  where  he  wished  it  might  be,  in  a  point  of 
prerogative.  He  valued  himself  to  the  king  on  this,  that 
he  had  drawn  the  act  that  settled  the  power  of  the  lords 
of  the  articles2;  who  being  all  upon  the  matter  named  by 
the  king,  it  was  of  great  concern  to  him  to  maintain  that, 
as  the  check  upon  factious  spirits  there ;  which  would  be 
no  sooner  let  go,  than  the  parliament  of  Scotland  would 

the    impositions    on    tobacco    were  the    Pari*  for  a  week,    and  settling 

'  remitted '  to  the  Articles  ;  and  on  the  Articles  to  fall  on  those  3  par- 

Nov.    25,     1673,   apparently    before  ticulars    on    which    they    had    made 

Lauderdale  had  instructions  to  that  greatest  noyse.'     Lauderdale  Papers. 

effect,  and  on   Dec.   1,  2,  167!,  re-  iii.  16.     In   June,   1663,   Lauderdale     - 

spectively,    these    grievances    were  had   settled*  the  constitution   of  the 

removed  by  separate  Acts.     Arts  of  '  Articles '  in  such  a  way  that  they 

the  Parliament  of  Scotland,  viii.  210,  were  merely  the  king's  mouthpiece. 

212  ;  Lauderdale  Papers,  iii.  3.  See  vol.  i.  208.     How  autocratic  this 

1  No  Parliament  was  held  between  enabled  him  to  become  maybe  seen 
the  dissolution  of  March  3,  167^  and  in  his  words  to  Charles  on  Dec.  1, 
the  Parliament  of  July  28,  1681.  1673.  '  In  the  meane  time  I  have 
There  was  a  Convention  of  Estates  beat  downe  (not  using  yo1'  authority, 
in  June,  1678.  but  with  right  reason  and  reasonable 

2  '  At  their  meetings  1  found  that  adjournings)  all  extravagant  motions 
they  resolved  to  make  motions  for  and  all  manner  of  vote  except  to 
making  the  Articles  insignificant,  and  those  acts  which  I  moved  and  caryed 
at  least  to  make  a  bussell  about  it.  on  myself.'  Lauderdale  Papers, 
This    I   broke    by  adjourning  again  iii.  3. 


42  The  History  of  the  Reign 

Chap.  ii.  grow  as  unquiet  as  a  house  of  commons  was  in  England. 
That  was  a  consideration  which  at  this  time  had  great 
Oct.  27,    weight  with   the   king.     And    I    now   return   to   give   an 
73'     account  of  the  session  in  England l. 


CHAPTER  III. 

SHAFTESBURY   DISMISSED.      ATTACK   UPON   LAUDERDALE, 

BUCKINGHAM,   AND   ARLINGTON.      PEACE   WITH 

THE   DUTCH. 

365  In  the  beginning  of  it,  the  duke  of  Ormond,  the  earls  of 
Shaftesbury  [and]  Arlington,  and  secretary  Coventry, 
offered  an  advice  to  the  king  for  sending  the  duke  for  some 
time  from  the  court,  as  a  good  expedient  both  for  himself 
and  the  duke.  The  king  hearkened  so  far  to  it,  that  he 
sent  them  to  move  it  to  the  duke.  He  was  highly  incensed 
at  it  :  he  said  he  would  obey  all  the  king's  orders,  but 
would  look  on  those  as  his  enemies  who  offered  him  such 
advices :  and  he  never  forgave  this  to  any  of  them,  no,  not 
to  Coventry,  for  all  his  good  opinion  of  him  2.  He  pressed 
the  king  vehemently  to  take  the  seals  from  the  earl  of 
Nov.  9,  Shaftesbury.  So  it  was  done :  and  they  were  given  to 
1  73'  Finch,  then  attorney-general,  made  afterwards  earl  of 
Nottingham  3.     He  was  a  man  of  probity,  and  well  versed 

1  i.  e.  the  session  beginning  Oct.  of  the  First  Earl  of  Shaftesbury,  ii. 

27.     1673,    and    lasting    only    until  155-157. 

Nov.    4.      It    contained   a  vote    to  "  Upon  Coventry  at  this  time  there 

prepare  a  Bill  for  a  general  test  to  is  an  interesting  remark  by  Sir  R. 

distinguish  between  Protestants  and  Southwell  {Letters  to  Sir  J.  William- 

Papists,  and  to  make  the  latter  in-  son,    ii.    131)    recording    '  the    vast 

capable  of  any  office,  or  to  sit  in  either  paines  he  takes  in  the  House,  being 

House,  or  to   come  within  5  miles  like  the  cherubin  with  the   flaming 

of  the    Court    (Commons  Journals,  sword,     turning    it    every   way    to 

Oct.  30),  the  addresses  against  the  defend  his  master's  cause.' 

duke's  marriage,  and  the  voting  the  3  '  Heneage    Finch   was    brought 

standing  army  a   grievance.     Pari.  in  by  Osborn  and  Seymour.     King 

Hist.  iv.  586-603.     Shaftesbury  was  was  altered  six  times  in  six  hours 

dismissed  on  Nov.  9.     Christie,  Life  about  it.     Two   days   after   Osborn 


of  King  Charles  II.  43 

in  the  law:  but  very  ill  bred,  and  both  vain  and  haughty.  Chap. III. 
He  was  long  much  admired  for  his  eloquence,  but  it  was 
laboured  and  affected  :  and  he  saw  it  as  much  despised 
before  he  died.  He  had  no  sort  of  knowledge  in  foreign 
affairs,  and  yet  he  loved  to  talk  of  them  perpetually  :  by 
which  he  exposed  himself  to  those  who  understood  them 
better.  He  thought  he  was  bound  to  justify  the  court  in 
all  debates  in  the  house  of  lords,  which  he  did  with  the 
vehemence  of  a  pleader  rather  than  with  the  solemnity  of 
a  senator.  He  was  an  incorrupt  judge,  and  in  his  court  he 
could  resist  the  strongest  applications  even  from  the  king 
himself,  though  he  did  it  no  where  else.  He  was  so 
eloquent  both  on  the  bench,  in  the  house  of  lords,  and 
indeed  in  common  conversation,  that  eloquence  became  in 
him  ridiculous.  One  thing  deserves  to  be  remembered  :  he 
took  great  care  of  filling  the  church  livings  that  belonged 
to  the  seal  with  worthy  men,  and  he  obliged  them  all  to 
residence  l.  Lord  Shaftesbury  was  now  at  liberty  to  open 
himself  against  the  court ;  which  he  did  with  as  little 
reserve  as  decency.  The  house  of  commons  were  resolved  Jan.  7, 
to  fall  on  all  the  ministry  2.    They  began  with  duke  Lauder-      *  lk' 

Jan.  13. 

and  Seymour  were  jealous  ;  Heneage  2  At  their  meeting  for  the  twelfth 

Finch    closed   with    Arlington,    this  session,  Jan.   7,   167^,   Charles  ven- 

made   the   Speaker   meet  mee,  and  tured  for  the  first  time  on  a  direct 

Conway  keeps  them  united.'     Con-  lie  to  Parliament,  in  telling  them  that 

way  to  Essex,  Nov.  15,    1673,  Essex  he  had  entered  into  no  treaty  with 

Papers,    i.    140.     Finch    was    Baron  France,   containing    '  secret    articles 

Finch,  Jan.  10,  167^,  Lord  Chancellor,  of    dangerous    consequence.'     Pari. 

Dec.  19,  1674,  created  Earl  of  Not-  Hist.    iv.   611.      The   secret   of  the 

tingham   in    1681,    and  retained  the  Treaty  of  Dover  was  not  generally 

seats  from  Nov.  9,  1673,  until  he  was  known  until  the  publication  of  Dal- 

succeeded    by    Sir    Francis    North,  rymple's    Memoirs,    1771.     See    the 

created    Lord    Guilford  on  Dec.  20,  edition    of    1790,   ii.    41.     There   is 

1682.     He  died  Dec.  1682.  a  curious  note  upon  the  king's  speech 

1  See   a    character  of  this   great  in  a  letter  from  Conway  to  Essex  of 

man  by  Duke  Wharton,  in  the  True  Jan.   10,  167^,  Essex  Papers,  i.   161. 

Briton,    No.    69.     He    is   called   by  '  I  beseech  your  excellency  to  con- 

Burnet    himself,    in    his    letter    on  sider   the     last   part   of    the    king's 

Hen.  Wharton's  Specimen  of  Errors,  speech    [containing   the   falsehood]. 

in  the  Hist,  of  the  Reformation,  25,  It  was  the  consultation  of  many  days 

a  great  and  good  man.  and   nights   that   produced    it.     He 


44 


The  History  of  the  Reign 


Jan.  13. 


Chap.  in.  dale,  and  voted  an  address  to  remove  him  from  the  king's 
councils  and  presence  for  ever1.  They  went  next  upon  the 
duke  of  Buckingham  2 :  and  it  being  moved  in  his  name, 
that  the  house  would  hear  him,  the  first  day  of  his  being 
before  them,  he  fell  into  such  a  disorder,  that  he  pretended 
he  was  taken  ill,  and  desired  to  be  admitted  again  next  day. 
He  then  was  more  composed.  He  justified  his  own  designs, 
laying  all  the  ill  counsels  upon  others,  chiefly  on  Arlington  3, 
intimating  plainly  that  the  root  of  all  errors  was  in  the  king 
and  the  duke.  He  said,  hunting  was  a  good  diversion,  but 
if  a  man  would  hunt  with  a  brace  of  lobsters,  he  would  have 
but  ill  sport.  He  had  used  that  figure  to  myself,  but  had 
then  applied  it  to  prince  Robert  and  lord  Arlington  :  but  it 
was  now  understood  to  go  higher.  His  speech  signified 
nothing  towards  the  saving  of  himself,  but  lost  him  the 
king's  favour  so  entirely  that  he  never  recovered  it  after- 
Jan.  15.    wards  *.    Lord  Arlington  was  next  attacked  5 :  he  appeared 


fumbled  in  delivering  it,  and  made  it 
worse  than  in  the  print ;  yet  there 
you  may  observe  it  is  incoherent, 
and  all  this  is  for  feare  of  the  Duke 
of  York.'  Sir  W.  Temple,  writing 
to  Essex  on  Dec.  25,  1673  (id.  155), 
says :  '  That  which  makes  this 
obstinacy  in  the  Court  is  not  only 
the  violence  of  the  Duke,  but  the 
dread  of  having  all  that  has  passed 
between  them  and  France  published 
if  they  anger  France.' 

1  '  At  this  great  baiting  one  of  the 
bears  intended  to  be  brought  to  the 
stake  is  his  Grace  the  Duke  of  Lauder- 
daill.'  Letters  to  Sir  J.  Williamson,  ii. 
29.  On  the  same  day  and  the  next, 
Lauderdale  received  letters  from 
James  and  Charles  assuring  him  of 
the  continuance  of  their  '  kindnesse  ' 
— '  which  nothing  can  alter.'  Lauder- 
dale Papers,  iii.  23,  26. 

2  Buckingham  had  been  weakened 
by  the  Lady  Shrewsbury  scandal.  He 
tried  to  fortify  himself  by  '  courting  all 


the  members  in  towne.the  debauchers 
by  drinking  with  them,  the  sober  by 
grave  and  serious  discourses,  the 
pious  by  receiving  the  sacrament  at 
Westminster.'  Letters  to  Sir  J, 
Williamson,  ii.  105. 

3  '  Duke  Buckingham  laboured  to 
bee  call  d  to  an  account  or  impeached, 
by  that  meanes  to  bring  my  Lord 
[Arlington J  in,  .  .  .  and  like  the 
envious  man.  he  could  have  been 
contented  to  loose  an  eye  himself 
to  leave  his  enemie  none.'  Letters 
to  Sir  J.  Williamson,  ii.  62,  131.  '  He 
layed  greate  load  upon  Arlington,  . .  . 
but  he  cleared  Shaftesbury,  though 
he  owned  himself  his  enemy.'  Sir 
R.  Verney,  Verney  MSS.,  Jan.  15. 
167I. 

4  For  other  causes  of  the  loss  of 
the  king's  favour,  see  Reresby's 
Memoirs  (ed.  Cartwright),  93. 

5  As  the  great  'conduit  pipe*  of 
corruption.  Ormond  and  Ossory 
his  brother-in-law  stood  his  friends, 


of  King  Charles  II. 


45 


also  before  the  commons,  and  spoke  much  better  than  was  Chap.  III. 
expected.     He  excused  himself,  but  without  blaming  the  366 
king  :  and  this  had  so  good  an  effect,  that  though  he,  as 
secretary  of  state,  was  more  exposed  than  any  other  by  the 
many   warrants   and   orders   he   had    signed,   yet    he    was 
acquitted  by  a  small  majority.     But   the  care  he  took  to 
preserve  himself,  and  his  success  in   it,  lost  him  his  high 
favour  with   the    king,  as   the  duke  was  out  of  measure 
offended  at  him  :  so  he  quitted  his  post,  and  was  made  |  lord    MS.  185. 
chamberlain. 

The  house  of  commons  was  resolved  to  force  the  king  to 
a  peace  with  the  Dutch1.  The  court  of  France  recalled 
Croissy 2,  finding  that  the  duke  was  offended  at  his  being  led 
by  lord  Arlington  3.  Ruvigny  was  sent  over  :  a  man  of  great 
practice  in  business  and  in  all  intrigues.  He  was  still  a  firm 
protestant,  but  was  a  in  all  other  respects  a  a  very  dexterous 

a  struck  out. 


and  the  vote  to  address  the  king  for 
his  removal  was  lost  by  a  majority  of 
thirty.  The  questions  put  to  him, 
and  his  replies,  may  be  read  in  the 
Danby  Papers,  Brit.  Mus.  Add  MSS. 
28045,  f-  z5-  According  to  Sir 
R.  Verney  he  got  off  by  dividing  the 
Presbyterian  party  in'  the  House. 
Verney  MSS.,  Jan.  22,  167!-. 

1  Arlington  states  that  Parliament 
proposed  to  present  its  petition  '  in 
a  body  of  both  Houses,  and  in  the 
most  pompous  manner  the  forms  of 
the  House  are  capable  of.'  Letters, 
ii.  466,  Jan.  29,  167^.  Popery  was 
what  they  feared  ;  to  break  off  the 
French  alliance  and  disband  the  army 
were  the  immediate  objects.  '  Fear 
of  the  Duke  makes  them  every  day 
fetter  the  Crown.'  Conway  to 
Essex,  Feb.  to,  167^,  Essex  Papers, 
i.  174.  For  the  anti-popery  debate 
in  the  Lords  on  Jan.  24,  see  Miss  Fox- 
croft's  Life  of  Halifax,  i.  111. 

2  Colbert  de  Croissy  was  recalled, 


first  upon  his  own  suggestion,  since  he 
found  himself  suspected  as  an  agent 
of  Popery;  and,  secondly,  upon  the 
insistance  of  Buckingham,  who  was 
angry  at  Arlington's  influence  with 
him.  Buckingham  had  promised 
Louis  to  maintain  the  alliance  in  spite 
of  Arlington,  by  bribing  members  of 
Parliament  ;  but  Colbert's  recall  was 
acondition.  Mignet,  Negotiations,  &c, 
iv.  238  ;  Ranke,  iii.  553.  Ruvigny 
was  the  representative  of  the  Re- 
formed Churches  at  Louis's  Court. 
He  had  instructions  to  tell  Colbert 
all,  and  Charles  was  to  be  deceived, 
if  necessary.  He  brought  ample 
funds  for  bribery. 

3  '  His  Majesty  having  resolved  to 
bestow  upon  me  my  Lord  Chamber- 
lain's place  upon  my  resignation  of 
my  own  to  Sir  Joseph  Williamson  ; 
by  which  I  shall  be  delivered  of  a  bur- 
densome employment,  which  I  have 
now  possessed  almost  twelve  years, 
with   more  labour  and  envy  than   I 


46  The  History  of  the  Reign 

Chap.  III.  courtier,  and  one  of  the  greatest  statesmen  in  Europe  l. 
He  had  the  appointments  of  an  ambassador,  but  would 
not  take  the  character,  that  he  might  not  be  obliged  to 
have  a  chapel,  and  mass  said  in  it.  Upon  his  coming  over, 
as  he  himself  told  me,  he  found  all  the  ministers  of  the 
allies  were  perpetually  plying  the  members  of  the  house  of 
commons  with  their  memorials.  He  knew  he  could  gain 
nothing  on  them :  so  he  never  left  the  king.  The  king  was 
in  great  perplexity :  he  would  have  done  any  thing,  and 
parted  with  any  person,  if  that  could  have  procured  him 
money  for  carrying  on  the  war2.  But  he  saw  so  little 
appearance  of  that,  that  he  found  he  was  indeed  at  the 
mercy  of  the  States.  So  lord  Arlington  pressed  the 
Spanish  ministers  to  prevail  with  the  States  and  the  prince 
of  Orange,  to  get  a  proposition  for  a  peace  set  on  foot ; 
and  that  it  might  have  some  shew  of  a  peace  both  begged 
and  bought,  he  proposed  that  a  sum  of  money  should  be 
offered  the  king  by  the  States,  which  should  be  made  over 
by  him  to  the  prince  of  Orange  for  the  payment  of  the  debt 
he  owed  him.      Ruvigny  pressed  the  king  much  to  give  his 

would  willingly  undergo,  or  indeed  2  Conway  to  Essex,  Nov.  15,  22, 

can  support  in  my  declining  years.'  29,  and    Dec.   20,    30,    1673,    Essex 

Arlington's  Letters,  ii.  479,  June  15,  Papers,   i.    140,    142,    145,    153,   159. 

1674.  '  Sir  Joseph  Williamson  comes  Louis  offered  both  ships  and  money 

to  be  Secretary,  and  Arlington  Cham-  if  the  king  would  dissolve  Parliament, 

berlain,  for  which  he  gives  St.  Alban's  But  Charles   dared    not   accept    the 

£10,000  out  of  Sir  Joseph's  pocket.'  ships,  and  wanted  too  much  money. 

Marvell,  April  26, 1674.     The  change  Louis,    however,    finally     promised 

does  not  appear  to  have  taken  place  £100,000    for    a    prorogation,    and 

until  Sept.  11,  1674.    'Sir  J.  William-  gave  Shaftesbury£io,ooo  for  bribery; 

son,  once  a  poor  footboy,  then  a  ser-  while  to  strengthen  the  interest  and 

vitor,    now    principal    Secretary   of  influence   of  his   agent,    Louise    de 

State,  and  Pensioner  to  the  French  Keroualle    (see   vol.    i.  540   n.),  he 

king.'     A  Seasonable  Argument,  &c.  conferred  upon  her  the    D'Aubigny 

1  Madame  de  Maintenon,  in  a  letter  estates  and  the  coveted   'tabouret.' 

to  the  Countess  de  St.  Geran,  Aug.  The  opposition,  led  by  Shaftesbury, 

24,  1681,  speaks  thus  of  Ruvigny  in  were   now   in   alliance    with   Louis, 

a   letter   that  shows   her  sincerity :  consenting  to  reverse    their  former 

'  M.    de    Ruvigny  veut   que  je    sois  policy  and  oppose  a  discontinuance 

encore   Calviniste    dans  le  fond  du  of    the   war,    if    he     would    assist 

cceur,  il  est  aussi  entete  de  sa  reli-  them  to  ruin  Danby. 
gion  qu'un  ministre.'     Cole. 


of  King  Charles  II.  47 

parliament  all  satisfaction  in  point  of  religion.     The  king  Chap.  III. 

answered  him,  if  it  was  not  for  his  brother's  folly,  {la  sottise 

de  inonfr&re])  he  could  get  out  of  all  his  difficulties.  Ruvigny 

drew  a  memorial  for  informing  the  house  of  commons  of  the 

modesty  of  his  master's  pretensions  :  for  now  the  French 

king  was  sensible  of  his  error  in  making  such  high  demands 

as  he  had  made  at  Utrecht,  and  was  endeavouring  to  get 

out  of  the  war  on  easier  terms.     The  States  committed 

a  great  error  in  desiring  a  peace,  without  desiring  at  the 

same  time  that  the  king  should  enter  into  the  alliance,  for 

reducing  the  French  to  the  terms  of  the  triple  alliance  1.  Dec.  1673. 

But   the  prince  of  Orange  thought,  that  if  he  could  once 

separate  the  king  from  his  alliance  with  France,  the  other 

would  be  soon  brought  about 2.      And   the   States   were 

much  set  on  the  having  a  peace  with  England,  hoping  then  367 

both  to  be  freed  of  the  great  trouble  of  securing  the  coast 

at  a  vast  charge,  and  also  by  the  advantage  of  their  fleet 

to  ruin  the  trade,  and  to  insult  the  coast,  of  France.     The 

States   did    this  winter   confer  a   new  and   extraordinary 

dignity  on  the  prince  of  Orange.  They  made  him  hereditary 

stadtholder 3.     So  that  this  was  entailed  on  him  and  his 

issue  male.     He  had  in  a  year  and  a  half's  time  changed 

the  whole  face  of  their  affairs.     He  had  not  only  taken 

Naerden,  which    made  Amsterdam  easy :    but  by  a  very 

bold  undertaking  he  had  gone  up  the  Rhine   to    Bonn  4, 

and  had  taken  it  in  a  very  few  days  :  and  in  it  had  cut  off 

the  supplies  that  the  French  sent  down  to  their  garrisons 

1  See  the  letter  of  the  States  great  pillar,  blasted  with  lightnings, 
General  to  Charles,  Dec.  3,  1673.  and  from  his  mouth  a  scroll  in  which 
Arlington's  Letters,  ii.  459.  is  writ  Dissimulation  ;  at  the  foot  di- 

2  'A  rude  thing  which  is  commonly  verse  persons  kneeling,  with  this 
said,  that  we  may  come  off  from  inscription,  "  The  Idol  of  Holland." ' 
France  with  as  much  honour  as  we  Newsletter,  1674,  April  4.  Fleming 
came  on.'  Temple's  Works  (1770),  Papers,  H.  M.  C.  Rep.  xii,  App.  part 
ii.  238.  vii. 

3  Pontalis,  Jean  de  Witt,  ii.  414,  &c.  4  The  importance  of  this  capture 
There  was  a  medal  struck  at  Amster-  lay  in  the  fact  that  it  opened  a  pas- 
dam  on  this  occasion,  '  representing  sage  for  the  German  forces  on  the 
the  Prince  of  Orange  standing  on  a  Rhine  into  the  Low  Countries. 


48  The  History  of  the  Reign 

Chap.  III.  on  the  Rhine  and  the  Isel.  So  that  the  French  finding 
they  could  not  subsist  longer  there,  were  now  resolved  to 
evacuate  all  those  places,  and  the  three  provinces  of  which 
they  were  possessed  ;  which  they  did  a  few  months  after. 
An  alliance  was  also  made  with  the  emperor  ;  and  by  his 
means  both  the  elector  of  Cologne  and  the  bishop  of  Munster 
were  brought  to  a  peace  with  the  States.  The  elector  of 
Brandenburg  was  likewise  returning  to  the  alliance  with 
the  States  :  for  in  the  treaty  to  which  he  was  forced  to 
submit  with  Turenne,  he  had  put  an  article  reserving  to 
himself  a  liberty  to  act  in  concurrence  with  the  empire, 
according  to  such  resolutions  as  should  be  taken  in  the 
diet.  This  change  of  the  affairs  of  the  States  had  got  him 
the  affections  of  the  people  to  such  a  degree,  that  he  could 
have  obtained  every  thing  of  them  that  he  would  have 
desired  :  and  even  the  loss  of  so  important  a  place  as 
Maestricht  was  not  at  all  charged  on  him.  So  he  brought 
the  States  to  make  applications  to  the  king  in  the  style  of 
those  who  begged  a  peace,  though  it  was  visible  they  could 
have  forced  it l.  In  conclusion,  a  project  of  a  peace  with 
England  was  formed,  or  rather  the  peace  of  Breda  was  writ 
Feb.  19,  over  again,  with  the  offer  of  2  or  300,000/.  for  the  expense 
of  the  war 2  ;    and  the  king  signed  it  at  lord  Arlington's 

1  Temple  states  (Works,  ii.  246)  note).  It  was  concluded  on  Feb  19, 
that  the  resolution  of  Spain  to  declare  largely  through  fear  of  war  with 
war  against  England  if  peace  were  Spain  (Letters  to  Sir  J.  Williamson,  ii. 
not  concluded  was  the  chief  motive  45,  and  previous  note),  and  Charles 
at  home  for  making  peace.  Seethe  at  once  wrote  to  express  his  regret  to 
terms  proposed  to  the  king  by  the  Louis,  as  in  1668.  The  English  con- 
Spanish  ambassadors,  Jan.  24,  167^,  tingent  was  left  in  the  French  service, 
and  the  letter  of  the  States  General  This  was  the  King's  best  policy, 
to  the  king,  Feb.  6,  in  the  Portland  for  he  had  heard  from  Lockhart, 
MSS.,  Hi.  344,  345,  H.  M.  C.  Rep.  then  ambassador  in  France,  that  '  he 
xiv,  App.  part  ii,  and  Commons  never  saw  such  consternation  as  was 
Journals  for  Jan.  24.  in  the  French  Court  upon  the  news 

2  The  sum  was  £200,000,  payable  of  our  peace  with  the  Dutch,  and 
in  three  years  (cf.  Portland  MSS.,  that,  if  he  may  judge  of  men  by  their 
Hi.  345,  H.  M.  C.  Rep.  xiv,  App.  ii  .  lookes,  they  threaten  us  with  the 
The  peace  was  arranged  in  London  in  highest  revenge.'  Conway  to  Essex, 
three  days  by  Temple,  always  a  per-  Feb.  17,  167$,  Essex  Papers,  i.  175. 
sona grata  with  the  Dutch  (vol.  i.  456,  Danby   states    (Danby    MSS.,  Brit. 


of  King  Charles  II.  49 

office.  He  came  up  immediately  into  the  drawing  room,  Chap.  III. 
where  seeing  Ruvigny,  he  took  him  aside,  and  told  him  he 
had  been  doing  a  thing  that  went  more  against  his  heart 
than  the  losing  his  right  hand  :  he  had  signed  a  peace  with 
the  Dutch,  the  project  being  brought  him  by  the  Spanish 
ambassador.  He  saw  nothing  could  content  the  house  of 
commons,  or  draw  money  from  them  :  and  lord  Arlington 
had  pressed  him  so  hard,  that  he  had  stood  out  till  he  was 
weary  of  his  life.  He  saw  it  was  impossible  for  him  to 
carry  on  the  war  without  supplies,  of  which  it  was  plain  he 
could  have  no  hopes.  Ruvigny  told  him,  what  was  done 
could  not  be  helped :  but  he  would  let  him  see  how  faith- 
fully he  would  serve  him  on  this  occasion.  He  did  not 
doubt  but  his  master  would  submit  all  his  pretensions  to 
him,  and  make  him  the  arbiter  and  mediator  of  the  peace  *. 
This  the  king  received  with  great  joy  ;  and  said  it  would  368 
be  the  most  acceptable  service  that  could  be  done  him. 
The  French  resolved  upon  this  to  accept  of  the  king's 
mediation,  and  so  the  king  got  out  of  this  war,  very  little 
to  his  honour,  having  both  engaged  in  it  upon  unjust 
grounds,  and  managed  it  all  along  with  ill  conduct  and  bad 
success,  and  now  got  out  of  it  in  so  poor  and  dishonourable 
a  manner ;  and  with  it  he  lost  his  credit  both  at  home  and 
abroad.  Yet  he  felt  little  of  all  this.  He  and  his  brother 
were  now  at  their  ease.     Upon   this  the   parliament  was    Feb-  24> 

\fon§-  to 

quickly  prorogued  2,  and  the  court  delivered  itself  up  again    Nov.  10, 


1674. 


Mas.  Add.  MSS.  23045,  f.  5)  that  the  Power,  318) ;   he  moreover  betrayed 

peace  was  necessary  to  avoid  a  new  to   the    French    ambassador   all   the 

Parliament.     It  was  concluded  with-  information    received    from  Temple, 

out  the  knowledge  of  the  mediators  At  the  same  time  he  refused  to  allow 

or  of  Sir  Joseph  Williamson.  Letters  William     to     recruit     in     England. 

to  Sir  J.  Williamson,  ii.  147..  William   to   Charles,    May  25,  1674, 

1  While    posing    as    mediator,    in  Original  Letter  of  William  HI  (1704), 

addition    to    allowing    the    English  17. 

troops    to     remain    in    the    French  '2  From   Feb.  24,  167!  to   Nov.  10, 

service,  he  permitted  Louis  to  recruit  1674,  when  it  was  again  prorogued 

in  Ireland  (Essex  Papers,  i.  313),  and  to  April    13,   1675.     Conway  writes 

constantly  furnished  him  with  ammu-  to  Essex  on  the  first  date:   '  I  never 

nition  (Marvell,  Popery  and  Arbitrary  saw    such   a   consternation    as   was 

VOL.  II.  E 


5° 


The  History  of  the  Reign 


Dec.  i, 
1673. 


Chap.  III.  to  its  ordinary  course  of  sloth  and  luxury.  But  lord 
Arlington,  who  had  brought  this  about,  was  so  entirely 
lost  by  it,  that  though  he  knew  too  much  of  the  secret  to 
be  ill  used1,  yet  he  could  never  recover  the  ground  he 
had  lost. 

The  duchess  of  York  came  over  that  winter :  she  was 
then  very  young,  about  sixteen,  but  of  a  full  growth.  She 
was  a  graceful  person,  with  a  good  measure  of  beauty,  and 
so  much  wit  and  cunning  that  during  all  this  reign  she 
behaved  herself  in  so  obliging  a  manner,  and  seemed  so 
innocent  and  good,  that  she  gained  upon  all  that  came 
near  her,  and  possessed  them  with  such  impressions  of  her, 
that  it  was  long  before  her  behaviour  after  she  was  queen 
could  make  them  change  their  thoughts  of  her  2.     So  arti- 


among  the  members  of  both  Houses, 
every  man  amazed  and  reproaching 
one  another  that  they  had  sat  so  long 
upon  eggs  and  could  hatch  nothing.' 
Essex  Papers,  i.  180.  The  intention 
was  known  to  Lauderdale  only. 
Ranke,  iii.  569.  James,  writing  to 
Lauderdale  on  Feb.  24,  says,  '  It  was 
high  time  to  do  it,  they  growing 
every  day  higher  than  another.' 
Lauderdale  Papers,  iii.  35.  See  also 
the  very  interesting  letter  of  Sir 
Gilbert  Talbot  of  Feb.  28  {Letters  to 
Sir  J.  Williamson,  ii.  156)  :  '  After 
that  both  Houses  had  pressed  fiercely 
and  avowedly  against  the  Duke  of 
York  .  .  .  and  that  His  Majesty  had 
clearly  discovered  a  combination  be- 
twixt the  discontented  and  turbulent 
Commons  in  the  south-east  corner  of 
our  house,  and  some  hottspurs  in  the 
upper  Uhe  Earle  of  Shaftesbury,  the 
Lord  Hallifax,  Earle  of  Salisbury, 
and  Earle  of  Clare  being  the  most 
forward),  and  weighing  the  discon- 
tents and  complaints  of  the  Parlia- 
ment of  Scotland  at  the  same  instant, 
and  the  Republican  drifts  of  the  City 
of  London  (to  bring  the  government 
to  a  Common  Council),  he  thought  it 


high  time  to  look  about  him.'  The 
attack  on  Ranelagh's  management  of 
the  Irish  revenue  was  another  reason. 
See  the  same  letter  for  an  amusing 
account  of  the  precipitate  dispersion 
of  the  prominent  members  of  the 
Opposition  in  the  Commons. 

1  He  was  in  that  of  the  king's  con- 
version to  Popery.  O.  And  of  the 
Treaty  of  Dover,  vol.   i.  545,  note. 

2  The  accounts  of  her  person  agree 
very  fairly.  Peterborough  speaks 
enthusiastically  of  the  seductive 
charm  of  her  beauty,  of  her  tall  and 
exquisitely  made  figure,  of  her  com- 
plexion, her  jet  black  hair  and  eye- 
brows, and  her  eyes  also  black,  bril- 
liant and  full  of  sweetness.  Dallari, 
II  Matrimonio,  ifc,  21  ;  supra  20, 
note.  Robert  Yard  describes  her  as 
'  of  a  pale  complexion  and  brown 
hair ;  ...  all  say  she  will  be  a  fine 
woman  when  she  is  more  spread, 
and  in  the  meantime  praise  herwitt.' 
Letters  to  Sir  J.  Williamson,  ii.  86. 
To  Mile.  Montpensier  she  appeared 
'une  grande  creature  melancolique, 
ni  belle  ni  laide,  fort  maigre,  assez 
jaune.'  Mem,,  tom.vi.  Conway  writes 
to  Essex:  '  She  is  a  proper  handsome 


of  King  Charles  II.  51 

ficially  did  this  young  Italian  behave  herself,  that  she  Chap.  III. 
deceived  even  the  eldest  and  most  jealous  persons  both  in 
the  court  and  country.  Only  sometimes  a  satirical  temper 
broke  out  too  much,  which  was  imputed  to  youth  and  wit 
not  enough  practised  to  the  world.  She  avoided  the 
appearances  of  a  zealot,  or  of  a  meddler  in  business ;  and 
gave  herself  up  to  innocent  cheerfulness,  and  so  was 
universally  esteemed  and  beloved  as  long  as  she  was 
duchess.  She  had  one  put  about  her  to  be  her  secretary, 
Coleman,  who  |  became  so  active  in  the  affairs  of  the  MS.  186. 
party,  and  ended  his  life  so  unfortunately,  that,  since  I  had 
much  conversation  with  him,  his  circumstances  may  deserve 
that  his  character  should  be  given,  though  his  person  did 
not.  I  was  told  he  was  a  clergyman's  son  :  but  he  was 
early  catched  by  the  Jesuits,  and  bred  many  years  among 
them.  He  understood  the  art  of  managing  controversies, 
chiefly  that  great  one  of  the  authority  of  the  church,  better 
than  any  of  their  priests.  He  was  a  bold  man,  resolved  to 
raise  himself,  which  he  did  by  dedicating  himself  wholly 

Lady.    She  hath  very  good  eyes, very  more  because  she  never  used  rouge, 

good  features,  and  a  very  good  com-  She  had  an  agreeable  presence,  and 

plexion,  but  she  wants  the  air  that  was  very  clean.  .  .  .  She  was  good  to 

should  set  off  all   this  ;   and  having  the  poor,  and  never  spoke  unkindly 

been  bred  in  a  monastery  knows  not  of  any  one.     She  had  great  firmness 

how  to  set  one  foot  before  another  of  character,  and  truly  royal  quali- 

with  any  gracefulness.'  Essex  Papers,  ties,  much  generosity,  courtesy  and 

i.    144.     There  are  two  descriptions  judgement.    Her  only  failing  was  her 

of    her    in    later    years    which    are  extreme  piety.'      Life  and  Letters  of 

worthy     of    quotation.       Mme.     de  Charlotte  Elizabeth,  259.  The  Duchess 

Sevigne,  in    1689,    says,    'La    reine  had  been  educated  in  strict  seclusion: 

paroit  maigre   et  des  yeux  qui  ont  '  So  innocently  bred,   that  till   then 

pleure,  mais  beaux  et  noirs,  un  beau  she  had  never  heard  of  such  a  place 

teint  un  peu  pale,  la  bouche  grande,  as  England,  nor  of  such  a  person  as 

de  belles  dents,  une  belle  taille  et  bien  the  Duke  of  York.'      Clarke's  Life  of 

de  l'esprit ;   tout  cela  compose   une  James  II,  i.  485.      She  was,  however, 

personnequi  plait  fort';  and  in  1718,  by  no  means  uncultured  ;  she  was  a 

that  frank  and  keen  observer,  Char-  good  Latin  scholar,  and  had  studied 

lotte  Elizabeth  (supra  35,  note),  wrote,  French  as  well;  and  within  a  year 

'  She  was  very  thin,  with  a  long  face,  and  a  half  of  her  marriage  she  spoke 

bright  eyes,  large  white  teeth,  and  a  English  with  perfect  ease.     Dallari, 

pale  complexion  which  showed  all  the  20. 

E  3 


52  The  History  of  the  Reign 

Chap.  III.  to  the  Jesuits,  and  so  was  raised  by  them.  He  had  a  great 
easiness  in  writing  in  several  languages,  and  writ  many- 
long  letters,  and  was  the  chief  correspondent  the  party  had 
in  England.  He  lived  at  a  vast  expense,  and  talked  in  so 
positive  a  manner,  that  it  looked  like  one  who  knew  he 
was  well  supported.  I  soon  saw  into  his  temper,  and 
I  warned  the  duke  of  it * :  for  I  looked  on  him  as  a  man 
much  liker  to  spoil  business,  than  to  carry  it  on  dexterously. 
369  He  got  into  the  confidence  of  P.  Ferrier,  the  king  of  France's 
confessor2,  and  tried  to  get  to  the  same  pitch  of  confidence 
with  P.  la  Chaise,  who  succeeded  him  in  that  post.  He 
went  about  every  where,  even  to  the  jails  among  the 
criminals,  to  make  proselytes.  He  dealt  much  both  in  the 
giving  and  taking  of  bribes.  But  now  the  affairs  of  Eng- 
land were  calmed ;  I  look  again  to  Scotland,  which  was 
yet  in  a  storm. 


CHAPTER  IV. 

VIOLENT    ADMINISTRATION    OF     LAUDERDALE     IN 
SCOTLAND.      DISGRACE   OF   BURNET. 

The  king  writ  for  duke  Hamilton  to  come  up  ;  and  when 
he  and  lord  Tweeddale  came  up,  they  were  so  well  received, 
that  they  hoped  to  carry  their  point3.  But  the  king's 
design  in  this  was,  that,  if  he  could  have  brought  the  house 
of  commons  to  have  given  him  money,  he  was  resolved  to 
have  parted  with  duke  Lauderdale,  and  have  employed 
them  ;  and  his  kind  usage  of  them  was  on  design  to  persuade 

1  Was  it  for  the  good  of  the  Pro-  contest  with  them  with  much  skill, 

testant  religion,  that  the  bishop  gave  See    the    details    in    the    letters    of 

the  duke  this  warning?     D.  Kincardine,  Charles  II,  Lord  Yester 

8  Ferrier  died  in  Sept.,  1675.     La  (Tweeddale's  son),  and  Lauderdale. 

Chaise    was   born    1624,   died   1709.  Lauderdale  Papers,    iii.    2-37.     Ap- 

Cf.  infra  394.  parently   the    only    point   in   which 

3  They  arrived  between  Dec.   18  Charles  disappointed  Lauderdale  was 

and  Dec.  25,    167^.     Kincardine,  as  in  refusing  to  turn  Hamilton  out  of  the 

Lauderdale's  deputy,  carried  on  the  Commission  of  the  Treasury.   Id.  29. 


of  King  Charles  II.  53 

the  commons  to  use  him  better,  by  shewing  that  he  was  Chap.  IV. 
ready  to  comply  with  them.  He  gave  them  so  good  a 
hearing,  that  they  thought  they  had  fully  convinced  him  : 
and  he  blamed  them  only  for  not  complaining  to  himself 
of  those  grievances.  But  as  soon  as  he  saw  it  was  to  no 
purpose  to  look  for  money  from  the  house  of  commons, 
and  that  he  had  signed  the  peace,  he  sent  them  down  with 
full  assurances  that  all  things  should  be  left  to  the  judgment 
of  the  parliament.  They  came  down  through  the  greatest 
fall  of  snow  that  has  been  in  all  my  life-time  hitherto. 
When  they  got  home,  instead  of  a  session  there  was  an  March  3, 
order  for  a  prorogation l ;  which  gave  such  an  universal  T  7*' 
discontent,  that  many  offered  at  very  extravagant  proposi- 
tions, for  destroying  duke  Lauderdale  and  all  his  party. 
Duke  Hamilton,  who  told  me  this  some  years  after,  when 
an  act  of  grace  was  published,  was  neither  so  bad  nor  so 
bold  as  to  hearken  to  these.  The  king  writ  him  a  cajoling 
letter,  desiring  him  to  come  up  once  more,  and  refer  all 
matters  to  him,  and  he  assured  him  he  would  make  up 
all  differences  2.  In  the  mean  while  duke  Lauderdale  took 
all  possible  methods  to  become  more  popular.  He  con- 
nived at  all  the  insolence  of  the  presbyterians,  who  took 
possession  of  one  of  the  vacant  churches  of  Edinburgh,  and 
preached  in  it  for  some  months.  The  earl  of  Argyll  and 
sir  James  Dalrymple  were  the  men  on  whom  the  presbyte- 
rians depended  most.  Duke  Lauderdale  returned  to  his 
old  kindness  with  the  former,  and  Argyll  was  very  ready 
to  forget  his  late  unkindness  3  ;  so  matters  were  made  up 
between  them.    Dalrymple  was  the  president  of  the  session  4, 

1  'His  Grace  and  the  Partie  say  cardine's  letter  of  April  n,  1674: 
yow  have  broken  your  word  to  '  The  King  said  he  wold  not  have 
them,  for  yow  promised  not  to  ad-  him  come  here  at  this  tyme,  for  it 
journe,  but  after  some  days  to  dissolve  could  do  nothing  but  make  trouble 
our  parliament.  Lauderdale  to  and  noise  and  do  hurt  here  as  well 
Charles  II,  March  5,  i67f.     Lauder-  as  in  Scotland.'     Id.  ^t. 

dale  Papers,  iii.  36,  37.     Parliament  3  Lauderdale  Papers,    iii.   42,    44, 

was  prorogued  on  March  3.  48. 

2  This  information,  from  Hamilton  4  Sir  James  Dalrymple,  born  1619, 
himself,  is  directly  contrary  to  Kin-  died    1695.     He    accompanied    the 


54  The  History  of  the  Reign 

Chap.  IV.  a  man  of  great  temper,  and  of  a  very  mild  deportment ;  he 
was  a  false  and  cunning  man1,  and  a  great  perverter  of 
justice,  in  which  he  had  a  particular  dexterity  of  giving 
some  plausible  colours  to  the  greatest  injustice.  His  family 
has  risen  the  fastest,  and  yet  had  the  greatest  misfortunes, 
of  any  in  Scotland.  His  eldest  son,  now  the  viscount  of 
Stairs,  rid  over  a  child,  and  dashed  out  his  brains  ;  and  he 
had  two  sons  who  in  their  play  found  a  charged  pistol  2, 
with  which  the  one  shot  the  other  dead.  Another  of  the 
president's  sons,  being  in  a  fever,  snatched  at  somewhat 
that  lay  by  him,  and  swallowed  it  down,  which  proved  to 
be  cantharides,  intended  for  a  viscator  plaister,  with  which 
he  was  ulcerated  all  within,  and  died  in  extreme  misery. 
Another  of  his  sons  in  a  fit  fell  into  a  fire,  which  burnt  out 
the  half  of  his  face.  His  daughters  have  had  extraordinary 
fits,  in  which  they  have  jumped  over  high  walls,  and  one  of 
them  died  in  an  odd  manner.  These  things  occasioned 
much  censure  and  many  strange  discourses.  This  man  was 
now  taken  into  the  chief  confidence.  He  told  the  presby- 
terians,  if  they  would  now  support  duke  Lauderdale,  this 
would  remove  the  prejudice  the  king  had  against  them,  as 
enemies  to  his  service.  This  wrought  on  many  of  them. 
What  influence  soever  this  might  have  on  the  presbyterians, 

Scottish  Commissioners  to  Charles  II  a  cunning  man.     He  was,  &c.     Sin- 

at  the  Hague  in  1649  and  Breda  in  clair,  in  his  Answer  to  Beach's  first 

1650.     He  refused  to  take  the  oath  Letter  to  the  younger  Burnet,  p.  10, 

abjuring    the    Covenants,    but   was  asserts,  that  the  bishop,  on  reviewing 

allowed  to  take  it  under  reservation  his  History,  struck  the  whole  para- 

by  Charles.     In  1670  he  was  a  com-  graph   out  of  the   first  draft   of  his 

missioner  for  the  Union.     He  pro-  work.     Beach,   in   his   reply,    says, 

tested   against   the  invasion  of  the  that  this,  which  is  the  only  passage 

west  by  the  Highland  host  in  1678.  affirmed   by  Sinclair   to    have   been 

In  1681  he  lost  his  office  of  President  thus  deleted  by  the  bishop,  was  like 

of  Session   and   used   his    enforced  the  others,  taken  not  from  the  first 

leisure  in  compiling  the  Institution  of  draft    of    the    bishop's    work,    but 

the  Law  of  Scotland.  He  was  created  from  a  transcript,   that   very   prob- 

Viscount    Stair  in   May,    1690.     Cf.  ably  was  the  third  or  fourth  draft. 

Aeneas  MacKay's  Life  of  the  First  Second  Letter,  13.     R. 

Viscount  Stair,  publ.  in  1873.  2  On  the  misfortunes  of  the  Stair 

1  The  printed  copy  has,  instead  of  family,  see  Maidment's  Scottish  Pas- 

this  long  passage,  only  these  words,  quits,  174,  ed.  1868. 


of  King  Charles  II.  55 

the  strange  conduct  with  relation  to  them  provoked  the  Chap.  IV. 
clergy  out  of  measure.  Some  hot  men,  that  were  not  pre-  37q 
ferred  as  they  thought  they  deserved,  grew  very  mutinous, 
and  complained  that  things  were  let  fall  into  much  con- 
fusion ;  and  they  raised  a  grievous  outcry  for  the  want  of 
a  national  synod  to  regulate  our  worship  and  government : 
and  so  moved  in  the  diocesan  synods,  that  a  petition  should 
be  offered  to  the  privy  council,  setting  forth  the  necessity 
of  having  a  national  synod.  I  liked  no  part  |  of  this.  I  MS.  186*. 
knew  the  temper  of  our  clergy  too  well  to  depend  much  on 
them.  Therefore  I  went  out  of  the  way  on  purpose  when 
our  synod  was  to  meet.  Petitions  were  offered  for  a 
national  synod,  which  was  thought  an  innocent  thing ;  yet, 
it  being  done  on  design  to  heighten  the  fermentation  the  June,  1674. 
kingdom  was  in,  great  exceptions  were  taken  to  it  *.  One 
bishop  and  four  of  the  clergy  were  turned  out  by  an  order 
from  the  king,  pursuant  to  the  act  asserting  the  supremacy 2. 
After  a  year,  upon  their  submission,  they  were  restored  ; 
but,  though  I  was  not  at  all  concerned  in  this,  for  I  was 
ever  of  Nazianzen's  3  opinion,  who  never  wished  to  see  any 
more  synods  of  the  clergy  4,  yet  the  king  was  made  believe 
that  I  had  laid  the  whole  matter,  even  though  I  did  not 
appear  in  any  part  of  it. 

Another  disorder  broke  out,  which  had  greater  effects. 
A  cause  being  judged  in  the  supreme  court  of  session,  the 
party5  appealed  to  the  parliament.    This  was  looked  on  as 

1  This  matter  is  fully  illustrated  in  the  Christians,  see  id.  96  ;  and  on  the 
the  Lauderdale  Papers,  iii.  50-63,  in  Synods,  10-39.     Nazianzen,  ofwhich 
the  letters  of  Leighton  to  Lauderdale,  he  became  bishop,  is  in  Cappadocia. 
and  especially  in  the  latter's  very  *  Dog.  S.    The  times,  which  Swift 
able  despatch  of  June  18,  1674.  supposes   the   bishop  to   reflect  on, 

2  James  Ramsay,  Bishop  of  Dum-  were  times  of  virtuous  zeal  against 
blane,  and  Messrs.  Turner,  Robert-  the  unceasing  attacks  of  heresy  and 
son,  Hamilton,  and  Caut.  See  infidelity ;  a  zeal  which  ill  suited 
Wodrow,  ii.  302-316.  the    then    prevailing    politics,    and 

3  sal.  Gregory  Nazianzen,  fellow-  which  occasioned  a  discontinuance 
pupil  of  Julian  at  Athens.  See  the  of  the  synodical  meetings  of  the 
account  of  him  in  Gibbon  (ed.  1862),  Church  of  England.     R. 

iii.  365-372;  died  a. d.  389  or  390.  For  6  sal.     the     Hamilton     party     or 

his  lamentation  over  the  discords  of       '  Faction,'  supra  53,  n. 


56  The  History  of  the  Reign 

Chap.  IV.  a  high  contempt,  done  on  design  to  make  the  parliament 
a  court  of  judicature,  that  so  there  might  be  a  necessity  of 
frequent  parliaments.  So  the  judges  required  all  the 
lawyers  to  condemn  this,  as  contrary  to  law ;  and  they  had 
the  words  of  a  law  on  their  side,  for  there  lay  no  such 
appeal  as  stopped  process,  nor  was  there  a  writ  of  error  in 
their  law.  But  upon  petitions,  parliaments  had,  though 
but  seldom,  reviewed  and  reversed  the  judgments  of  the 
court.  So  the  debate  lay  about  the  sense  of  the  word 
appeal.  Sir  George  Lockhart,  brother  to  the  ambassador, 
was  the  most  learned  lawyer  and  the  best  pleader  I  have 
ever  yet  known  in  any  nation.  He  was  both  a  covetous, 
a  passionate,  and  an  ambitious  man,  and  he  had  all  the 
lawyers  almost  in  a  dependence  on  him.  He  was  engaged 
with  the  party,  and  resolved  to  stand  it  out.  The  king 
sent  down  an  order  to  put  all  men  from  the  bar  that  did 
not  condemn  appeals ;  and,  when  that  wrought  not  on 
them,  they  were  by  proclamation  banished  Edinburgh,  and 
twelve  miles  about :  and  a  new  day  was  assigned  them  for 
making  their  submission,  the  king  by  a  very  unusual  style 
declaring,  in  the  word  of  a  prince,  that  if  they  submitted 
not  by  that  day  they  should  never  be  again  admitted  to 
their  practice.  They  stood  it  out,  and  the  day  lapsed 
without  their  submitting;  yet  afterwards  they  renounced 
appeals  in  the  sense  of  the  Roman  law,  and,  notwith- 
standing the  unusual  threatening  in  the  proclamation,  they 
371  were  again  restored  to  practice.  But  this  made  a  stop  for 
a  whole  year  in  all  legal  proceedings  1.  The  government 
of  the  city  of  Edinburgh  was  not  so  compliant  as  was 
expected.    So  duke  Lauderdale  procured  a  letter  from  the 

1  Upon     this     matter,    regarding  308,  321,  332,  and  Omond,   i.   168- 

which  there  is  a  mass  of  correspon-  250.    He  was  advocate  to  Cromwell 

dence  in  the  Lauderdale  MSS.,  see  in  May,  1658,  and  acted  temporarily 

Omond,  Lord  Advocates  of  Scotland,  as  Lord  Advocate  after  the  dismissal 

i.  209-211.      Cf.  Maidment's  Scottish  of  Mackenzie  in  1686.     While  Lord 

Pasquils,  216-221.      For  Sir  George  President  of  Session  he  was  assas- 

Lockhart,    the   younger    brother   of  sinated  by  Sir  John  Christy  of  Dairy, 

the  ambassador,  see  infra  138,  234,  on  March  31,  i68|. 


of  King  Charles  II.  57 

king  to  turn  out  twelve  of  the  chief  magistrates,  and  to  Chap.  IV. 
declare  them  for  ever  incapable  of  all  public  trust :  so 
entirely  had  he  forgot  his  complaints  formerly  made 
against  incapacity,  even  when  passed  in  an  act  of  parlia- 
ment * :  but  he  kept  to  the  same  number  of  twelve.  The 
boroughs  of  Scotland  have  by  law  a  privilege  of  meeting 
once  a  year  in  a  body,  to  consider  of  trade,  and  of  bye-laws 
relating  to  it.  At  a  convention  held  this  year,  a  petition 
was  agreed  on,  and  sent  to  the  king,  complaining  of  some 
late  acts  that  hindered  trade,  for  the  repeal  of  which  there 
was  great  need  of  a  session  of  parliament :  they  therefore 
prayed,  that  when  the  king  sent  down  a  commissioner  to 
hold  a  session,  he  might  be  instructed  in  order  to  that 
repeal.  This  was  judged  a  legal  thing  by  the  lawyers 
there  ;  for  this  was  a  lawful  assembly  :  they  did  not  petition 
for  a  parliament,  but  only  for  instructions  to  the  session ; 
yet  it  was  condemned  as  seditious,  and  those  who  promoted 
it  were  fined  and  imprisoned  for  it.  Thus  duke  Lauderdale 
was  lifted  up  out  of  measure,  and  resolved  to  crush  all  that 
stood  in  his  way.  He  was  made  earl  of  Guilford  in 
England,  and  had  a  pension  of  ^3,000  :  and  he  let  him-  June  25, 
self  loose  into  a  very  ungoverned  fury 2.  When  duke  l674' 
Hamilton  and  some  other  lords  came  up,  the  king  desired 
they  would  put  their  complaints  in  writing.  They  said, 
the  laws  were  so  oddly  worded,  and  more  oddly  executed, 
in  Scotland,  that  the  modestest  complaint  they  could 
offer  might  be  condemned  as  leasing-making,  and  mis- 
representing the  king's  proceedings  :  so  they  would 
not  venture  on  it.  The  king  promised  to  them  that 
no  ill  use  should  be  made  of  it  to  their  prejudice ; 
but  they  did  not  think  it  safe  to  trust  him,  for  he  seemed 

1  Seethe  Billetting  affair  in  1662,  madman,'  irf.  259.  He  was  created 
vol.  i.  263.  Earl  of  Guilford  and  Baron  Peters- 

2  William  Harbord,  writing  to  ham,  June  25,  1674,  the  English 
Essex,  Sept.  5,  1674,  speaks  of  title  being  probably  given  him  to 
Lauderdale's  '  insolence  in  his  be-  save  him  from  attacks  as  an  English 
haviour  and  words.'  Essex  Papers,  commoner,  which  had  been  sug- 
i.  258.     '  Lauderdale  braggs   like  a  gested  in  the  former  session. 


58  The  History  of  the  Reign 

Chap.  IV.  to    be    entirely   delivered    up    to    all    duke   Lauderdale's 
passions  l. 

It  is  no  wonder  then  that  I  could  not  stand  before  him, 
though  at  my  coming  up  the  duke  received  me  with  great 

MS.  187.  kindness,  and  told  me  how  he  had  |  got  out  of  great 
difficulties,  and  added  that  the  king  was  very  firm  to  him  : 
he  commended  likewise  his  new  duchess  much.  The  duke 
was  troubled  at  our  disorders  :  he  was  firm  to  duke  Lauder- 
dale, but  would  have  endeavoured  to  reconcile  matters  if 
there  had  been  room  for  it.  He  told  me  the  king  was 
highly  incensed  against  me ;  and  was  made  believe  that 
I  was  the  chief  spring  of  all  that  had  happened.  He  him- 
self believed  me  more  innocent ;  and  said  he  would 
endeavour  to  set  me  right  with  him,  and  he  carried  me  to 
the  king,  who  received  me  coldly."  Some  days  after,  when 
the  duke  was  a  hunting,  the  lord  chamberlain  told  me  he 
had  orders  to  strike  my  name  out  of  the  list  of  the 
chaplains,  and  that  the  king  forbid  me  the  court,  and 
372  expected  I  should  go  back  to  Scotland.  The  duke  seemed 
troubled  at  this,  and  spoke  to  the  king  about  it,  but  he 
was  positive.  Yet  he  admitted  me  to  say  to  him  what 
I  had  to  offer  in  my  own  justification.  I  said  all  that 
I  thought  necessary,  and  appealed  to  duke  Hamilton,  who 
did  me  justice  in  it.  But  the  king  said  he  was  afraid  I  had 
V  been  too  busy,  and  wished  mc  to  go  home  to  Scotland  and 
be  more  quiet.  The  duke  upon  this  told  me,  that,  if  I 
went  home  without  reconciling  my  self  to  duke  Lauder- 
dale, I  would  be  certainly  shut  up  in  a  close  prison,  where 
I  might  perhaps  lie  too  long.  This  I  looked  on  as  a  very 
high  obligation  :  so  I  resigned  my  employment,  and  resolved 
to  stay  in  England.  I  preached  in  many  of  the  churches 
of  London,  and  was  so  well  liked,  that  it  was  probable 
I  might  be  accepted  of  in  any  that  was  to  be  disposed  of 

1  Laing,  in  his  History  of  England,  pamphlet,    entitled   An   Accompt  of 

iv.  71,  relates,  that  their  grievances  Scotland's   Grievances,  by  Reason  of 

were  communicated  to  Charles  by  the  Duke  of  Lauderdale's   Ministrie, 

an   anonymous    letter.      The   letter  33-37- 
is  to  be  found   in  a  contemporary 


of  King  Charles  II.  59 

by  a  popular  election1.  So  a  church  falling  to  be  given  Chap.  IV. 
in  that  way,  the  electors  had  a  mind  to  choose  me,  but  yet 
they  were  not  willing  to  offend  the  court.  The  duke  spoke 
to  duke  Lauderdale,  and  told  him  that  he  had  a  mind 
I  should  be  settled  in  London,  and  desired  he  would  not 
oppose  it.  Lauderdale  said,  all  this  was  a  trick  of  the 
party  in  Scotland,  to  settle  me,  that  I  might  be  a  corre- 
spondent between  the  factious  in  both  kingdoms ;  yet, 
upon  the  duke's  undertaking  that  I  should  not  meddle  in 
his  matters,  he  was  contented  that  the  king  should  let  the 
electors  know  he  was  not  against  their  choosing  me.  Upon 
this  duke  Lauderdale,  seeing  what  a  root  I  had  with  the 
duke,  sent  a  message  to  me,  that  if  I  would  promise  to 
keep  no  further  correspondence  with  duke  Hamilton  I 
should  again  be  restored  to  his  favour.  I  said  I  had 
promised  the  duke  to  meddle  no  more  in  Scotch  affairs  ; 
but  I  could  not  forsake  my  friends,  nor  turn  against  them. 
By  this  he  judged  I  was  inflexible  :  so  he  carried  a  story 
to  the  king  the  very  night  before  the  election,  that  upon 
inquiry  was  found  to  be  false,  when  it  [was]  too  late  to 
help  what  was  done!  Upon  that,  the  king  sent  a  severe 
message  to  the  electors.  So  I  missed  that :  and  some  time 
after  a  new  story  was  invented,  of  which  Sharp  was  indeed 
the  author,  by  which  the  king  was  made  believe  that  I  was 
possessing  both  lords  and  commons  against  duke  Lauder- 
dale. Upon  that,  the  king  ordered  Coventry  to  command 
me  to  leave  London,  and  not  to  come  within  twenty  miles 
of  it 2.     The  duke  told  me  what  the  particulars  were,  which 

1  In  December,  1674,  Archbishop  bythe  Dean  and  Chapter  of  St.  Paul's. 

Paterson  wrote  to  Sharp  expressing  He  was  now  thirty  years   old.     In 

a   wish    that   Burnet,    for    his   own  the    following    year   he   was    made 

sake,  were  settled  in  some  place  in  preacher   to    the    Rolls    Chapel    by 

the  country,  lest  London  prove  his  Harbottle  Grimston,  and  lecturer  of 

snare.     H.  M.  C.  Rep.  ii.  203.     The  St.    Clement's.       The    employment 

church  to  be  given  by  popular  elec-  he   resigned   was  the   Professorship 

tion  is  nowhere  mentioned  ;  but  in  of  Divinity  at  Glasgow.     See  Cock- 

the  Life  of  the  Author  it  is  stated  that  burn's  Remarks,  55,  and  infra  75. 
he  declined  the  living  of  St.  Giles's,  a  '  Mr.  Burnet  (Bishop  of  Sarum 

Cripplegate,  which  was  offered  him  since),  the  famous  Scotch  minister,  is 


60  The  History  of  the  Reign 

Chap.  IV.  were  all  false.  For  lord  Falconbridge  and  lord  Carlisle 
were  the  lords  into  whom  it  was  said  I  was  infusing  those 
prejudices  :  now  I  was  known  to  neither  of  them  ;  for, 
though  they  had  desired  my  acquaintance,  I  had  declined 
it.  So  I  told  all  this  to  secretary  Coventry,  who  made 
report  of  it  to  the  king  in  the  duke's  presence :  and  those 
lords  justified  me  in  the  matter.  So  I  hoped  the  king 
would  upon  all  this  recall  his  order ;  but  he  would  not  do 
373  it.  So  I  asked  to  have  it  in  writing.  The  secretary  knew 
it  was  against  law  :  so  he  would  not  do  it.  But  I  was 
forbid  the  court.  The  duke  brought  duke  Lauderdale  and 
me  once  together,  to  have  made  us  friends  ;  but  nothing 
would  do  unless  I  would  forsake  all  my  friends,  and 
discover  secrets.  I  said  I  knew  no  wicked  ones,  and 
I  could  not  break  with  persons  with  whom  I  had  lived  long 
in  great  friendship.  The  duke  spoke  to  the  lord  treasurer 
to  soften  duke  Lauderdale  with  relation  to  me,  and  sent 
me  to  him.  He  undertook  to  do  it,  but  said  afterwards 
that  duke  Lauderdale  was  intractable. 

This  violent  and  groundless  prosecution  lasted  some 
months  :  and  during  that  time  I  said  to  some,  that  duke 
Lauderdale  had  gone  so  far  in  opening  some  wicked 
designs  to  me,  that  I  perceived  he  could  not  be  satisfied 
unless  I  was  undone.  So  I  told  what  was  mentioned 
before  of  the  discourses  that  passed  between  him  and  me  *. 
This  I  ought  not  to  have  done,  since  they  were  the  effects 
of  confidence  and  friendship  :  but  such  a  course  of  provoca- 
tion might  have  heated  a  cooler  and  elder  man  than  I  was, 
being  then  but  thirty,  to  forget  the  caution  that  I  ought  to 
have  used.  The  persons  who  had  this  from  me,  resolved 
to    make  use  of   it   against  him,  in  the  next  session  of 

banished  London  by  the  king's  com-  two  greate  Lords,  and  the  Bishop  told 
mand  ;  hee  hath  petitioned  to  be  it  againe,  for  which  he  is  highly  con- 
heard,  but  'tis  not  granted  .  .  . ,  he  is  demned.  Burnet  knew  nothing  of 
a  mortall  enemy  to  Duke  of  Lother-  the  discourse  they  had  till  he  heard 
dale.'  The  cause  of  his  banishment  of  his  banishment.'  Sir  R.  Verney, 
was  a  private  discourse  between  the  Verney  MSS.,  Dec.  3,  1674. 
Bishop  of  Salisbury  [SethWardJ  and  1  Scotch  dog.    S.     See  supra  26. 


of  King  Charles  II. 


61 


parliament :   for  which  the  earl  of  Danby  and   he   were   Chap.  v. 
preparing  by  turning  to  new  methods. 


CHAPTER  V. 


DANBY  AND  THE  NON-RESISTING  TEST.  PARLIAMENTARY 
ATTACK  UPON  LAUDERDALE.  CHARACTERS  OF  OPPO- 
SITION  LEADERS. 

Lord  Danby  set  up  to  be  the  patron  of  the  church  party 
and  of  the  old  cavaliers,  and  duke  Lauderdale  joined  him- 
self to  him  1.  It  was  said  the  king  had  all  along  neglected 
his  best  and  surest  friends  :  so  a  new  measure  was  taken  up, 
of  doing  all  possible  honours  to  the  memory  of  king 
Charles  the  first  |  and  to  all  that  had  been  in  his  interests.  MS.  188. 
A  statue  of  brass  on  horseback,  that  had  been  long  neglected, 
was  bought,  and  set  up  at  Charing  Cross  2,  and  a  magni- 
ficent funeral  was   designed    for  him :J.     The  building  of 


1  The  scheme  of  favour  to  Dissent 
and  to  Catholicism  (vol.  i.  465, 
552)  was  played  out,  and  Danby 
reverted  to  the  principles  of 
Clarendon.  The  attitude  of  leading 
men  in  May  is  thus  sketched  by 
Conway  for  Essex :  '  Treasurer  is 
esteemed  the  great  support  of  the 
Crown  ;  Arlington  makes  his  interest 
among  the  discontented  members  of 
the  House  of  Commons,  and  Duke 
and  Lodderdale  are  his  mortal  ene- 
mies.' Essex  Papers,  i.  228.  Danby's 
strength  lay  in  the  fact  that  he  almost 
immediately  brought  the  expenditure 
well  within  the  revenue.  In  June, 
Williamson  had  thrown  in  his  lot  with 
Danby  and  Lauderdale,  '  or  makes 
them  believe  so' ;  id.  236.  In  Sep- 
tember we  read,  '  Thoughts  of  army 
and  popery  are  still  a  foote ;  Duke, 
Treasurer,  Lauderdale,  governe  all. 
Treasurer  layes  about  him  and  pro- 
vides for  his  family,  so  that  if  ever  he 


come  to  be  out  with  the  King,  his 
enemies  will  maul  him ' ;  id.  259. 
We  now  hear  for  the  first  time  of 
the  '  great  feud  between  York  and 
Monmouth  ;  the  whole  Court  backs 
M.,  and  Arl.  hath  wisely  made  him 
head  of  the  party,  which  will  give 
him  credit  now  and  in  Pari.' ;  id.  261. 

2  A  marble  statue  of  John  Sobieski 
trampling  down  the  Turk  was,  after 
being  altered  to  represent  Charles  II 
trampling  on  Cromwell,  set  up  by 
Sir  Robert  Viner,  then  Lord  Mayor, 
in  Woolchurch  Market.  Marvell, 
A  Poem  on  the  Statue  in  Stocks 
Market  (Works,  Grosart  ed.,  i.  353, 
and  356,  note).  This  was  apparently 
in  1675.  The  brass  statue  of  Charles  I 
at  Charing  Cross  was  set  up  by 
Danby  in  the  same  year;  Dialogue 
between  two  Horses,  id.  361  and  373, 
note. 

3  '  The  old  king's  body  was  to  be 
taken  up,  to  make  a  perfect  resurrec- 


62  The  History  of  the  Reign 

Chap.  V.  S.  Paul's  in  London  was  now  set  on  foot  with  great  zeal. 
Morley  and  some  of  the  bishops  were  sent  for,  and  the  new 
ministry  settled  a  scheme  with  them,  by  which  it  was 
offered  to  them  effectually  to  crush  all  the  design  of  popery. 
The  ministers  expressed  great  zeal  in  this,  and  openly 
accused  all  the  former  ministers  for  neglecting  it  so  long. 
But,  to  excuse  this  to  the  duke,  they  told  him,  it  was  a 
great  misfortune  that  the  church  party  and  the  dissenters 
were  now  run  into  one ;  that  the  church  party  must  have 
some  content  given  them,  and  then  a  test  was  to  be  set  on 
foot  that  should  for  ever  shut  out  all  dissenters,  who  were 
an  implacable  sort  of  people  *.  A  declaration  renouncing 
the  lawfulness  of  resistance  in  any  case  whatsoever,  and  an 
engagement  to  endeavour  no  alteration  in  church  or  state, 
was  designed  to  be  a  necessary  qualification  of  all  that 
might  choose  or  be  chosen  members  of  parliament.  If 
this  could  be  carried,  the  king's  party  would  be  for  ever 
separated  from  them,  and  be  so  much  the  more  firmly 
374  united  to  him.  In  order  to  this,  it  was  necessary  to  put 
out  severe  orders  of  council  against  all  convicted  or  sus- 
pected papists.  The  duke  acquainted  me  with  this  scheme  : 
he  disliked  it  much.  He  thought  this  would  raise  the 
church  party  too  high.  He  looked  on  them  as  intractable 
in  the  point  of  popery  :  therefore  he  thought  it  was  better 
to  keep  them  under  by  supporting  the  dissenters,  by  which 
colour  he  could  better  protect  the  papists.  He  looked  on 
the  whole  project  as  both  knavish  and  foolish  :  and  upon 

tion  of  loyalty,  and  to  be  reinterred  had    been   gaining  elections,  would 

with   great   magnificence;    but  that  have  been  driven  from  the  Commons, 

sleeps ' ;  Marvell,  ii.  465.     See  also  and  the   Catholics  from  the  Lords. 

Ralph,  i.  170.  Marvell,  Popery  and  Arbitrary  Power, 

1  scil.  the  Non-Resisting  Test  (see  iv.  304,  309  ;  and  Letter  to  Ramsden, 

infra    81),    the     proposal    resulting  July  24,  1675,  ii.  464.     The  first  part 

from    the    Lambeth    Conference    of  of  the  oath,  regarding  the  unlawful- 

Danby  with  the  bishops,  held   pre-  ness  of  resistance,  occurs  in  the  Cor- 

vious  to  the  meeting  of  Parliament  poiation  Act  (Dec.   1661,  vol.  i.  326 

in  April,  1675  (infra  73) — by  which  note),  and    the  whole  oath  was    in- 

Danby  hoped  to  make  both  Houses  eluded  in  the  Five  Mile  Act  in  1665 

exclusively  representative  of  Church  (vol.    i.   401),    and    in    the    Act    of 

and  Crown.  The  Presbyterians,  who  Uniformity  (vol.  i.  323). 


of  King  Charles  II.  63 

this  he  spoke  severely  of  duke  Lauderdale,  who  he  saw  Chap.  v. 

would  do  any  thing  to  save  himself.     He  [Lauderdale]  had 

been  all  along  in  ill  terms  both  with  Sheldon  and  Morley, 

but  now  he  reconciled  himself  to  them.    He  brought  Sharp 

out  of  Scotland,  who  went  about  assuring  all  people  that 

the  party  set   against   him   was    likewise  set  against  the 

church.     This,   though   notoriously  false,  passed  for   true 

among  strangers.     And,  Leighton  coming  up  at  the  year's  Dec  1674. 

end  to  quit  the  archbishopric  of  Glasgow,  Burnet  had  made 

such  submissions  that  he  was  restored  to  it.     So  that  wound 

which  had  been  given  to  episcopacy  in  his  person,  was  now 

healed  l :  and  Leighton  retired  to  a  private  house  in  Sussex, 

where  he  lived  ten  years  in  a  most  heavenly  temper,  and 

with  a  shining  conversation.     So  now  duke  Lauderdale  was 

at  the  head  of  the  church  party. 

The  court  was  somewhat  disturbed  with  discoveries  that 
were  made  at  this  time.  When  sir  Joseph  Williamson 
came  back  from  Cologne,  he  secretly  met  with  Wicquefort, 
that  has  published  a  work  about  ambassadors  2.  He  was 
the  Dutch  secretary  that  translated  the  intelligence  that 
came  from  England  :  and  sometimes  the  originals  were  left 
in  his  hands.  So  Williamson  prevailed  with  him  to  deliver 
these  to  him.  Most  of  them  were  writ  by  the  lord  Howard's 
brother,  who  upon  his  brother's  death  was  afterwards  lord 
Howard  3.     He  was  a  man  of  wit  and  learning,  bold  and 

1  He  succeeded  Archbishop  Sharp  1681.  See  the  Biog.  Univ.  and 
in    the    primacy    of    Scotland,   and       Larousse,  Did.  du  xixm  siecle. 

died    in    1684.     For   Leighton's   re-  3  scil.  William  Howard,  afterwards 

signation,    see    Lauderdale    Papers,  third  Lord  Howard  of  Escrick.     He 

iii.  75.  served  in  Cromwell's  Lifeguards  in 

2  Abraham  de  Wicquefort,  b.  at  1653,  and  was  a  noted  anabaptist 
Amsterdam,  1598,  d.  at  Zell,  1682  ;  preacher.  He  was  concerned  in  the 
for  some  time  he  represented  the  plots  of  1665-6,  and  was  active  in 
Elector  of  Brandenburg  at  Paris.  the  king's  service  in  1660.  He  re- 
His  arrest  was  in  1676  and  he  presented  Winchelsea  in  the  Con- 
escaped  in  1679.  The  Memoires  con-  vention  and  Pensionary  Parliaments. 
cernant  Ambassadeurs  et  les  Ministres  Upon  his  confession  in  the  Tower,  in 
was  published  at  Cologne,  1676-9,  1672,  see  Letters  to  Sir  J.  Williamson 
a  vols.,  i2mo  :  L' Ambassadeur  et  ses  (Camd.  Soc),  ii.  31.  He  assisted 
fonctions,  2  vols.,  4to,  at  the  Hague,  the  prosecution  against  his  kinsman 


64  The  History  of  the  Reign 

Chap.  V.  poor,  who  had  run  through  many  parties  in  religion.  In 
Cromwell's  time  he  was  rebaptized,  and  had  preached  in 
London.  He  set  up  in  opposition  to  Cromwell,  as  a  great 
commonwealth's  man,  and  did  some  service  in  the  restora- 
tion :  but  he  was  always  poor,  and  ready  to  engage  in  any 
thing  that  was  bold.  He  went  over  in  the  beginning  of  the 
war,  and  offered  to  serve  De  Witt,  but  he  told  me  he  found 
him  a  dry  man1.  As  soon  as  the  prince  was  raised,  he 
waited  on  him  and  on  Fagel  ;  and  undertook  not  only  to 
send  them  good  intelligence,  but  to  make  a  great  party 
for  them.  He  pressed  the  prince  to  make  a  descent  on 
England,  only  to  force  the  king  to  call  a  parliament,  and 
to  be  advised  by  it ;  and  he  drew  such  a  manifesto  as  he 
believed  would  be  acceptable  to  the  nation.  He  and  one 
of  the  Du  Moulins  2,  that  was  in  lord  Arlington's  office, 
joined  together,  and  gave  the  States  very  good  intelligence. 
Du  Moulin,  fearing  that  he  was  discovered,  took  the  alarm 
in  time,  and  got  beyond  sea.  Most  of  the  papers  that 
Wicquefort  delivered  were  of  Howard's  writing :  so,  upon 
375  his  examination  in  the  Tower,  it  appeared  they  had  his 
letters  against  him.  And  when  notice  was  sent  of  this  to 
Holland,  Wicquefort  was  called  on  to  bring  before  them  all 
the  original  letters  that  were  trusted  to  him.  And  upon 
his  not  doing  it,  he  was  clapt  up.  And  the  States  sent 
word  to  the  king,  that  if  any  person  suffered  in  England  on 
the  account  of  the  letters  betrayed  by  him,  his  head  should 
go  for  it.  Halewyn  told  me,  when  it  was  put  to  the  judges 
to  know  what  sort  of  crime  this  could  be  made,  since  the 
papers  were  given  up  after  the  peace  was  concluded,  other- 
wise the  betraying  the  secrets  of  the  state  to  enemies  was 

Stafford.       For    the    accusation    of  the  war  referred  to  was  the  war  of 

Fitz-harris  and  his  action  at  the  time  1672,   and  Burnet  did  not   see   De 

of  the  Rye   House  Plot,  see   infra  Witt  after   1664.      For   the   phrase 

293  and  353-412.     He  died  in  1694.  'dry    man,'    see    infra   394,  where 

1  The  ambiguity  of  the  pronouns  Burnet  uses  it  of  Pere  la  Chaise, 

here  led  to  Swift's  note,  'Who  told  3  Probably  the  person  mentioned  in 

who  !  I  guess  Howard  told  Burnet.'  Skipporis  Travels,  Churchill's  Voyages, 

This  was  obviously  the  case,  since  vi.  733;  see  infra  71. 


of  King  Charles  II.  65 

a  manifest  crime,  they  came  to  this  resolution,  that  as  by  Chap.  V. 
the  Roman  law  every  thing  was  made  capital  that  was 
contra  salutem  populi  Romani,  so  the  delivering  up  such 
papers  was  a  capital  crime.  This  threatening  saved  Howard  ; 
but  yet  Wicquefort  was  kept  long  in  prison,  and  ruined  by 
it.  He  had  a  sort  of  a  character  from  one  |  of  the  princes  MS.  189. 
of  Germany,  upon  which  he  insisted.  But  the  States 
thought  that  his  coming  into  their  service  was  the  throwing 
up  of  that  character.  Upon  this  occasion  Carstares,  men- 
tioned in  the  year  [16]  7  2,  was  sent  over  from  Holland  to 
England  l :  and  he  was  seized  on  with  a  paper  of  instruc- 
tions, that  were  drawn  so  darkly,  that  no  wonder  if  they 
gave  a  jealousy  of  some  ill  designs  then  on  foot.  The 
prince  said,  when  asked  about  it,  that  it  was  only  meant  for 
a  direction  for  carrying  on  the  levies  of  some  regiments 
that  the  king  had  allowed  the  Dutch  to  make  in  Scotland, 
which  the  king  did  the  better  to  excuse  his  letting  so  many 
continue  in  the  French  service.  Howsoever,  mention  being 
made  of  money  to  be  paid,  and  of  men  to  be  raised,  and 
a  compliment  being  ordered  to  be  made  to  duke  Hamilton, 
this  looked  suspicious.  Howard  had  confessed  all  he  knew 
upon  promise  of  pardon :  so  that  and  this  laid  together 
gave  the  court  some  apprehensions.  Duke  Lauderdale 
made  use  of  it  to  heighten  the  king's  ill  opinion  of  the  party 
against  him :  and  because  lieutenant-general  Drummond 
was  of  all  the  military  men  he  that  had  the  best  capacity 
and  the  greatest  reputation,  he  moved  that  he  might  be 
secured.  The  method  he  took  in  doing  it  shewed  that  he 
neither  suspected  him  nor  regarded  the  law.  The  ancient 
method  was  to  require  men  to  render  themselves  prisoners 
by  such  a  day.  This  was  a  snare  to  many,  who,  though 
innocent,  yet,  hating  restraint,  went  out  of  the  way,  and 
were  proceeded  against  in  an  outlawry.  So  an  act  of  parlia- 
ment was  made,  condemning  that  method  for  the  future ; 
yet  duke  Lauderdale  resolved  to  follow  it,  and  Drummond, 

knowing  his  innocence,  rendered  himself  as  required,  where   Sept.  29, 

1674. 

1  sal.  William  Carstares.     See  vol.  i.  604.  and  infra,  422  and  f.  636. 
VOL.  II.  F 


66  The  History  of  the  Reign 

Chap.  V.  he  was  kept  a  year  in  a  very  cold  and  inconvenient  prison, 
at  Dumbarton,  on  the  top  of  a  high  rock  x.  This,  coming 
after  a  whole  life  of  loyalty  and  zeal,  was  thought  a  very 
extraordinary  reward  to  such  high  pretensions. 
378  One  thing  on  this  occasion  may  be  fit  to  be  told.  Lord 
Kincardine  had  served  duke  Lauderdale  faithfully,  even 
longer  than  he  could  well  do  with  a  good  conscience :  for 
he  had  stuck  to  him,  and  was  left  by  him  with  the  king, 
when  he  went  to  Scotland.  The  king  knew  well  with  how 
much  zeal  he  had  supported  his  interests,  and  excused  his 
faults.  When  duke  Lauderdale  was  hotly  pushed  at,  he 
then  promised  to  all  his  friends  that  he  would  avoid  all 
former  errors  if  he  got  out  of  his  trouble :  and  that  made 
lord  Kincardine  so  earnest  to  serve  him.  But  when  he  saw 
into  how  much  fury  he  was  running,  he  tried  to  have  per- 
suaded him  to  more  temper  ;  but  found  it  was  in  vain. 
Then  he  confessed  to  me  that  I  had  judged  truer  than  he 
had  done  ;  for  I  believed  he  would  grow  worse  than  ever. 
When  lord  Kincardine  found  he  could  not  hinder  things  in 
private,  he  opposed  them  at  council  :  and  so  they  broke 
with  him  2.  He  came  up  to  justify  himself  to  the  king, 
who  minded  those  matters  very  little  ;  but  he  thought  it 
necessary  to  give  full  scope  to  all  duke  Lauderdale's 
motions,  who  had  told  the  king  there  was  a  spirit  of 
rebellion  run  through  all  sorts  of  people,  and  that  was  to  be 
subdued  by  acts  of  power,  though  perhaps  neither  legal  nor 
just :  and  when  that  evil  spirit  was  once  broken,  then  it 
would  be  fit  to  return  to  more  legal  and  moderate  councils. 
So  lord  Kincardine  found  there  was  no  arguing  with  the 
king  upon  particulars:  therefore  he  begged  leave  to  stay 
some  time  at  court,  that  he  might  not  be  obliged  to  oppose 
that  which  the  king  was  made  believe  his  service  required. 
The  king  consented  to  this,  and  upon  all  occasions  used 
him  very  well.     Duke  Lauderdale  could  not  bear  this,  and 

1  He  was  in  prison  for  eighteen  Papers,  iii.  151. 

months.     In  May,  1678,  he  will  be  2  Kincardine'slastletterto  Lauder- 

found     remonstrating     boldly    with  dale  is  dated  July,  1674. 
the     king    in    person.      Lauderdale 


of  King  Charles  II.  67 

pressed  the  king  often  to  command  him  home  ;  which  he  Chap.  V. 
refused  to  do.  Once  he  urged  it  with  much  vehemence, 
and  the  king  answered  as  positively,  that  he  saw  no  reason 
for  it,  and  he  would  not  do  it.  Upon  this  he  came  home 
as  in  a  fit  of  distraction,  and  was  gathering  together  all  his 
commissions  to  deliver  them  up  to  the  king.  Upon  that 
the  marquis  of  Athol,  who  was  then  in  high  favour  with 
him,  went  to  the  king,  and  told  him  that  he  had  sent  duke 
Lauderdale  home  half  dead  and  half  mad  ;  and  begged  the 
king  to  take  pity  on  him.  So  the  king  sent  a  message  to 
lord  Kincardine,  ordering  him  to  go  home.  This  lord  Athol 
himself  told  me  afterwards. 

a  Towards  the  end  of  summer  the  battle  of  Seneffe  was  Aug.  n, 
fought1 :  in  the  beginning  of  which  the  French  had  a  great  l674" 
advantage,  but  the  prince  of  Conde  pushed  it  too  far :  and 
the  prince  of  Orange  engaged  the  whole  army  with  so  much 
bravery,  that  it  appeared  that  the  Dutch  army  was  now 
brought  to  another  state  than  he  had  found  it  in.  He 
charged  himself  in  many  places,  with  too  great  a  neglect  of 
his  person,  considering  how  much  depended  upon  it.  He 
once  was  engaged  among  a  body  of  the  French,  thinking  377 
they  were  his  own  men,  and  bid  them  charge :  they  told 
him  they  had  no  more  powder :  he,  perceiving  they  were 
none  of  his  men,  with  great  presence  of  mind  got  out  of 
their  hands,  and  brought  up  a  body  of  his  army  to  charge 
them,  who  quickly  routed  them.  The  action  in  the  after- 
noon recovered  the  loss  that  was  made  in  the  morning ; 
and  possessed  all  the  world,  the  prince  of  Conde  in  parti- 
cular, with  a  great  esteem  of  the  prince's  conduct  and 
courage.     I  will  say  little  of  foreign  affairs,  because  there 

a  This  section  was  wrongly  written  at  f.  178,  and  is  marked  for  insertion 
here. 

1  This   battle   lasted  three  days :  of    the    prince's    escape    from    the 

it  is  stated  that  no  fewer  than  25,000  French  troops.      See   also   Original 

men  were    left    on    the    field.      An  Letters  written  to  the  Earl  of  Arling- 

account    by  Lord   Clare,   who   was  ton   by  Sir  Richard  Bulstrode,  8vo. 

present,  will  be  found  in  the  H.  M.  C.  17 12,  85. 
Rep.  vi.  727.     It  contains  the  detail 

F  2 


68  The  History  of  the  Reign 

Chap.  V.  are  many  copious  accounts  of  them  in  print,  and  I  can  add 
little  to  them.  With  relation  to  the  battle  of  Seneffe,  the 
prince  himself  told  me  that  the  day  before  he  saw  a 
capuchin  that  came  over  from  the  French  army,  and  had 
a  long  conversation  with  Zouch,  the  emperor's  general1, 
who  behaved  himself  so  ill  on  the  day  of  battle,  that  the 
prince  said  to  his  son  at  night,  that  his  father  had  acted  so 
basely,  that  if  it  had  not  been  for  the  respect  he  bore  the 
emperor  he  would  have  shot  him  in  the  head.  He  was 
disgraced  on  this  ;  but  the  success  of  the  campaign  was  lost 
by  it.  They  had  a  noble  army,  and  might  have  done  much 
more  than  they  did  2.  Grave  was  retaken  in  the  end  of 
the  campaign  3.  So  the  provinces  were  now  safe  on  that 
side ;  and  the  prince  had  gained  so  much  credit  with  the 
States,  that  he  was  now  more  than  ever  the  master  of  their 
counsels. 

The  alarm  that  those  discoveries  from  Holland  gave  our 

court 4,   made  lord  Arlington  offer  at  one  trial  more  for 

recovering  the  king's  confidence.     He  offered  to  go  over  to 

Nov.  1674.  Holland  with  the  earl  of  Ossory 5,  for  they  fancied  they 

had  a  great  interest  in  the  prince,  by  their  having  married 

1  '  He  hath  a  very  good  opinion  of  are  such  a  [  ?  ]  of  people  as  thire 

his  own  troops,  and   a   very   great  actions   hitherto  have  shewed,   and 

one  of  the  Germans  ;  believes,  if  the  I  fear  will  shew.' 

Count  de  Souches  had  pleased,  the  3  Dinant  and  Huy,  on  the  Meuse, 

Prince  of  Conde  had  certainly  been  had  also  been  taken, 

beaten  at  Seneffe.'     Temple  to  Ar-  *  Supra  64. 

lington,   Nov.   13,    1674.      See   also  5  This  corresponds  with  the  very 

Temple,  Works,  iv.  60.  interesting  account  given  by  Temple 

a  The  evils  of  divided  command  of  the    embassy    {Works,    ii.    288- 

are  thus  expressed  in  Lord  Clare's  294,  and  iv.  29-460),  though  in  the 

report :    '  The   Prence  hath  a   hard  belief  of  others  his  mission  was  sug- 

tugge    for    it.     What    one    general  gested  by  James  and   Danby,   who 

promises  over  night  he  forgetts  it  in  wanted  him  out  of  the  way.     Essex 

the  morning,  and  the  other  is  not  Papers,  i.  236.    William,  by  Temple's 

willing  that  any  great  action  should  account,    took    his     measure    then, 

be  don  by  another  in  this  countrie,  Upon  his  marriage,  cf.vol.  i.  181,  note, 

though  he  knows  not  how  to  doe  it :  Arlington  practically  disappears  now 

and     the     under     generalls    which  from  those   who  had   any  influence 

manages  all  the  affaire  according  to  upon  politics.  See  the  Lindsay  MSS., 

thire   severall   factions  and  abilities  387. 


of  King  Charles  II. 


69 


two  of  Beverweert's  daughters,  and  the  prince  had  always  Chap.  v. 
a  particular  affection  to  lord  Ossory.  Lord  Arlington  said 
he  would  go  to  the  bottom  of  every  thing  with  the  prince, 
and  did  not  doubt  but  he  would  bring  him  into  an  entire 
dependence  on  his  uncle,  and  particularly  dispose  him  to 
a  general  peace  ;  on  which  the  king  was  much  set,  it  being 
earnestly  desired  by  the  French  1.  It  was  likewise  believed 
that  he  had  leave  to  give  the  prince  the  hope  of  marrying 
her  whom  he  afterwards  married  ''.     The  duke  told  me  he 


1  William  Harbord  thus  describes 
the  state  of  France  at  this  time  : 
4  Those  that  come  later  from  France 
say  that  the  scarcity  of  men  there  is 
incredible  ;  that  the  people  refuse  to 
take  the  base  money  lately  coyned, 
and  that  there  is  a  general  discontent 
among  them  all ' ;  Dec.  12,  1674. 
Essex  Papers,  i.  273  ;  cf.  Temple, 
Works,  ii.  295.  But  see  also  the 
brilliant  account  by  a  very  capable 
observer  in  1677  in  John  Brisbane's 
letter  to  Danby,  Lindsay  MSS., 
388,  and  Danby  s  Letters,  317. 

a  Compare  Ralph,  i.  264.  In 
Carte's  Life  of  the  Duke  of  Ormond, 
iv.  495  (Gar.  Press),  a  letter  from 
his  son,  the  Earl  of  Ossory,  to  his 
father  on  this  subject  is  inserted,  of 
which  the  following  is  a  part :  '  The 
king  told  me  his  nephew  and  his 
niece's  marriage  was  the  only  thing 
capable  of  helping  the  duke  (of 
York),  and  that  for  that,  as  well  as 
other  reasons,  he  had  spoke  to  the 
duke  of  it,  who  consented  that  upon 
the  Prince  of  Orange's  desiring  it, 
I  should  undertake  the  proposition 
would  be  accepted.  This  commis- 
sion I  had  from  both,  and  upon  its 
being  moved  to  me  by  the  Prince  of 
Orange,  I  declared  to  him  so  much, 
and  shewed  him  the  account  I  gave 
of  it  to  the  duke  ;  from  which  letter, 
by  my  making  a  comma  instead  of  a 
full  stop,  the  critics  would  infer  that 


I  had  made  the  offer  first.  Upon 
this  the  duke  expressed  all  the  anger 
imaginable;  but  the  prince's  letter 
by  me  fully  justified  the  contrary. 
The  duke  will  have  the  whole  letter 
to  be  a  civil  denial ;  to  which  I  have 
nothing  to  say,  but  that  I  am  sure 
the  prince  thought  it  otherwise  ;  for 
I  shewed  it  to  him,  who  approved 
thereof.  During  our  absence  the 
king's  mind  hath  been  wrought  upon 
in  this  affair  so  much,  as  I  believe 
those  who  wish  not  a  good  under- 
standing between  him  and  his 
nephew,  will  have  their  aim.  I 
almost  forgot  to  tell  you,  that  the 
duke  before  our  going  said,  he  would 
not  have  his  daughter  marry  before 
a  peace  were  made.  But  this  the 
king  opposed,  believing  that  when 
we  had  nothing  to  say  on  that 
account,  it  would  give  a  jealousy, 
that  other  ends  were  sought  under 
this  negotiation,  which  he  would 
not  have  any  ways  clogged.  The 
duke's  expostulation  was  mingled 
with  much  kindness,  but  avowing 
that  he  liked  not  the  thing  from  the 
first,  and  accusing  me  of  too  much 
haste.  His  carriage  since  to  me  is 
very  fair  and  open.  I  find  the  Duke 
of  Monmouth  much  of  the  same 
mind,  there  being  besides  crossness 
of  interests,  some  private  piques 
between  the  prince  and  him.'     R. 


70  The  History  of  the  Reign 

Chap.  V.  knew  nothing  of  |  the  matter  :  he  had  heard  lord  Arlington 
MsTiqo.  nad  talked  as  if  the  managing  that  was  his  chief  errand  ; 
and  upon  that  he  had  asked  the  king,  who  assured  him  that 
he  had  a  positive  order  not  so  much  as  to  speak  of  that 
matter.  Yet,  whether  notwithstanding  this  he  had  a  secret 
order,  or  whether  he  did  it  without  order,  he  certainly- 
talked  a  great  deal  of  it  to  the  prince,  as  a  thing  which  he 
might  depend  on,  if  he  would  in  all  other  things  be  governed 
378  by  the  king  *.  Sir  William  Temple  had  been  sent  over  the 
summer  before  2,  as  ambassador  :  and  his  chief  instructions 
were  to  dispose  all  people's  minds,  chiefly  the  prince's,  to 
a  peace.  But  the  prince  had  avoided  the  seeing  him  till 
the  end  of  the  campaign.  Lord  Arlington  had  thrown  him 
off  when  he  went  into  the  French  interest,  and  he  was  too 
proud  to  bear  contempt  or  forget  such  an  injury  soon.  He 
was  a  vain  man,  much  blown  up  in  his  own  conceit,  which 
he  shewed  too  indecently  on  all  occasions.  He  had  a  true 
judgment  in  affairs,  and  very  good  principles  with  relation 
to  government ;  but  good  in  nothing  else :  for  he  was  an 
Epicurean  both  in  principle  and  practice.  He  seemed  to 
think  that  things  were  as  they  are  from  all  eternity :  at 
least  he  thought  religion  was  only  for  the  mob3.  He 
was  a  great  admirer  of  the  sect  of  Confucius  in  China,  who 
were  atheists  themselves  but  left  religion  to  the  rabble. 
He  was  a  corrupter  of  all  that  came  near  him,  and  he 
delivered  himself  up  wholly  to  study  ease  and  pleasure  4. 

1  Temple  states  that  nothing  was  statesman,  a  writer,  and  as  a  lover 

said  on  this  point  except  by  Ossory.  and  example  of  the  finest  sorts  of 

Works,  ii.  295.  learning.     They  who  knew  Sir  Wil- 

a  He   remained    there   until    Feb.  liam  Temple  best,  have  had  a  disdain 

167I-.  at  the  misrepresentation  here  of  his 

3  A  word  of  dignity  for  an  histo-  principles  with  regard  to  religion ; 

rian.     S.  his  whole  life  was  a  continued  course 

*  The   author   should   have   done  of    probity,    disinterestedness,   and 

more  justice  to  the  character  of  this  every    other    amiable    virtue    with 

truly  great  man;  one  of  the  ablest,  every  elegancy  of  it.     Great  in  busi- 

most  sincere,  generous,  and  virtuous  ness,  and  happy  out  of  it.     See,  and 

ministers,  that  any  age  has  produced;  contemplate  his  writings;   but  pass 

and  who  will  always  be  deemed  one  gently  over    his    few    errors.      O. 

of  the  honours  of  this  nation,  as  a  Cf.  infra  209,  note. 


of  King  Charles  II.  71 

He  entered  into  a  close  friendship  with  lord  Danby,  who   Chap.  v. 
was  much  depended  on,  and  directed  in  all  his  notions  as 
to  foreign  affairs,  by  him ;  for  no  man  ever  came  into  the 
ministry  that  understood  the  affairs  of  Europe  so  little  as 
he  did. 

I  will  henceforth  leave  the  account  of  our  affairs  beyond 
sea  wholly  to  Temple's  letters 1,  in  which  they  are  very 
truly  and  fully  set  forth :  and  in  them  it  appears  that  the 
prince  of  Orange,  even  while  so  young,  and  so  little  prac- 
tised in  affairs,  had  so  clear  and  so  just  a  view  of  them, 
that  nothing  could  misguide  him,  and  that  the  bad  prospect 
he  had  from  the  ill  condition  of  affairs  did  not  frighten  him 
to  accept  of  any  mean  or  base  conditions  of  peace.  His 
fidelity  to  his  country  and  the  public  interest  was  so  firm, 
that  no  private  considerations  of  his  own  could  bias  him, 
or  indeed  be  much  considered  by  him.  These  letters  give 
him  a  character  which  is  so  sublime,  as  well  as  so  genuine, 
that  it  raises  him  much  above  all  the  performances  of 
rhetoric  or  panegyrics  ;  and  therefore  I  will  mention  very 
little  that  is  to  be  found  in  them.  Holland  was  in  great 
expectation  when  they  saw  two  such  men  as  the  earls  of 
Ossory 2  and  Arlington  come  over,  together  with  the  earl  Nov.  1674. 
of  Danby's  eldest  son,  though  he  only  made  the  shew 
a  little  greater.  Lord  Arlington  for  some  days  insisted 
vehemently  on  the  prince  his  dismissing  Du  Moulin,  who 
had  discovered  the  secrets  of  his  office  to  him.  In  this  the 
prince  complied,  and  Du  Moulin  was  sent  to  one  of  their 
plantations.  As  to  all  other  things,  lord  Arlington  talked 
to  him  in  the  strain  of  a  governor  ;  and  seemed  to  presume 
too  much  on  his  youth,  and  on  his  want  of  experience ; 
but  instead  of  prevailing  on  the  prince,  he  lost  him  so 
entirely  that   all  his  endeavours  afterwards    could    never 

1  Letters  written  by  Sir  W.  Temple,  City,  and  Country '  {Letters  to  Sir 
Bart.,  and  other  ministers  of  State  both  J.  Williamson,  ii.  25),  is  not  men- 
at  home  and  abroad,  1700,  2  vols.  tioned  again.  He  died  July  30,  1680. 
8vo,  published  by  Swift.  They  are  Danby's  eldest  son  was  Viscount 
included  in  his  Works,  1770.  Latimer. 

2  Ossory,  '  the  joye  of  the  Court, 


72  The  History  of  the  Reign 

Chap.  V.  beget  any  confidence  in  him  l.  So  he  came  back,  and 
reckoned  this  was  his  last  essay,  which  succeeding  so  ill, 
he  ever  after  that  withdrew  from  all  business.  He  made 
himself  easy  to  the  king,  who  continued  to  be  still  very 
kind  to  him. 

l675-  At  Easter  a  piece  of  private  news  came  from  France, 
which  the  duke  was  much  delighted  with,  because  it  did  an 
379  honour  to  the  order  of  the  Jesuits,  to  whom  he  had  devoted 
himself.  The  new  confessor  had  so  pressed  the  king  of 
France  in  Lent  to  send  away  his  mistress  Montespan, 
that  he  prevailed  at  last2.  She  was  sent  to  a  nunnery; 
and  so  the  king  received  the  sacrament,  as  was  said,  in 
a  state  of  contrition.  This  was  writ  to  the  duke,  and  set 
out  in  so  many  circumstances,  as  the  French  usually  do 
every  thing  that  relates  to  their  king,  that  he  was  much 
pleased  with  it.  He  told  me  that a  he  had  related  it  with 
all  its  circumstances  to  the  king  in  the  duchess  of  Ports- 
mouth's hearing ;  and  said  they  both  heard  it  with  great 
uneasiness,  and  were  much  out  of  countenance  at  it.  The 
duke  himself  was  then  in  the  best  temper  I  had  ever  known 
him  in.     He  was  reading  Nurembergius  3  of  the  difference 

■  The  word  that  has  been  crossed  out  apparently  by  mistake. 


1  Temple    gives    the    account    of  than  the  forms  of  his  place.' 
Arlington's  discomfiture  with  evident  2  See  the  very  interesting  notices 

relish.      Works,  ii.  295.      'Never  any  of  her  in  Letters  of  Charlotte  Elisa- 

strain  of  court  skill  and  contrivance  beth,  e.  g.  '  She  had  lovely  fair  hair, 

succeeded      so      unfortunately      as  and  beautiful  hands  and  arms,  which 

this    had    done,    and    so    contrary  she  did  not  always  keep  clean.     La 

to    all    the    ends    the    author   of    it  Valliere  was  scrupulously  clean.' 
proposed    to    himself.      Instead    of  ■  Noribergius  oder  Norimbergius 

advancing     the    peace,    he    left    it  (Ernst     Gottfried),     ein     Rechlsge- 

desperate  ;  instead  of  establishing  a  lehrter  im  17.  Jahrhundert,  schrieb : 

confidence  between  the    King    and  (1)   Jus    Consistorium    in    ecclesiis 

the    Prince,    he   left  an   unkindness  -  Aug.  Confess. ,  Erfurt,  1631  ;  (2)  De 

that    lasted    for    ever  ;    instead    of  praescriptione  Imperii,  ebend.  1630  ; 

retrieving  his   own  credit  at   Court  (3)  De   Jure    Consiliariorum,   Jena, 

...  he  made  an  end  of  all  he  had  1658,  in  4.     Konigl.  Biblioth.  vetus 

left  with  the  King,  who  never  after  et  nova.     Zedler,  Universal-Lexicon. 
used  him  with  any  confidence  further 


of  King  Charles  II. 


73 


of  things  temporal  and  things  eternal,  and  we  had  much  Chap.  V 
good  discourse  on  that  subject.  Lord  Arlington  was  so 
much  in  his  mind,  that  he  once  said  to  me,  if  lord  Arlington 
would  |  read  that  book  he  would  not  meddle  in  so  many 
affairs  as  he  did.  I  saw  he  was  very  jealous  of  him,  and  of 
his  interest  in  the  king.  Thus  I  have  given  a  full  account 
of  my  acquaintance  with  the  duke. 

I  lost  his  favour  soon  after  this.  For  in  April  1675 
a  session  of  parliament  was  held  *,  as  preparatory  to  one 
that  was  designed  next  winter,  in  which  money  was  to  be 
asked  :  but  none  was  now  asked,  it  being  only  called  to 
heal  all  breaches,  and  to  beget  a  good  understanding 
between  the  king  and  his  people.  The  house  of  commons 
fell  upon  duke  Lauderdale 2,  and  those  that  knew  what 
had  passed  between  him  and  me 3,  moved  that  I  should 
be  examined  before  a  committee.  I  was  brought  before  April  2 r, 
them.     I  told  them  how  I  had  been  commanded  out   of 


MS.  191 


April  13, 
1675- 


1675- 


1  This  was  the  occasion  on  which 
Marvell's  witty  mock  king's  speech 
was  distributed  among  the  members 
yWorks,  ii.  43r,  Grosart).  Parlia- 
ment had  been  prorogued  from  Feb. 
167^  to  Nov.  10,  1674  (supra  49  . 
The  king's  intention,  formed  in 
Sept.  1674,  to  prorogue  again  to  the 
spring  had  been  carefully  concealed 
even  from  Danby,  and,  when  com- 
municated in  September,  caused  the 
utmost  consternation  in  the  Council. 
Essex  Papers,  i.  259.  Parliament 
now  sat,  at  Danby's  insistance, 
in  spite  of  the  efforts  of  Louis  XIV, 
who  wrote  an  autograph  letter  to 
dissuade  Charles  from  this  course. 
Kanke,  iv.  7.  But  Charles  promised  . 
that  it  should  be  dissolved  if  it 
attacked  his  ministers  or  prerogative, 
or  attempted  to  interfere  with  the 
succession.  Louis  furnished  Ru- 
vigny  with  100,000  livres  for  bribery 
of  members,  and  with  a  special  ad- 
ditional allowance  of  i,coo  crowns  a. 
month  for  table  expenses.     Mignet, 


Negotiations,  dc,  iv.  330-335. 

2  The  king  sent  for  Sir  Thomas 
Meres,  and  told  him  h'e  heard  they 
intended  to  impeach  Lord  Danby, 
which  he  said  would  be  very  pre- 
judicial to  his  affairs.  Sir  Thomas 
said,  the  only  expedient  he  knew 
was  to  impeach  somebody  else,, 
which  would  spend  their  fury,  and 
waste  their  time.  The  king  said, 
that  was  right,  but  who  should  it 
be  ?  Sir  Thomas  said,  Duke  Lauder- 
dale was  very  odious;  would  there 
be  any  harm  in  falling  upon  him  ? 
The  king  answered,  that  will  do  :  ■ 
upon  which,  as  he  told  me,  he  im- ' 
peached  him  with  great  applause.  ' 
D.  This  note  of  Lord  Dartmouth 
was  accidentally  omitted  by  the' 
Bishop  of  Oxford  in  his  transcript. 
Sir  Thomas  Meres  was  one  of  the  . 
leaders  of  the  opposition  to  the  court 
[supra   16,   note].      See   infra    235, 

3"-     R. 

3  See  supra  26,  60;  Marvell,  An 
Historical  Poem,  lines  1 10-125. 


74  The  History  of  the  Reign 

Chap.  V.  town,  but  though  that  was  illegal,  yet,  since  it  had  been 
let  fall,  it  was  not  insisted  on.  I  was  next  examined  con- 
cerning his  design  of  arming  the  Irish  papists.  I  said  I, 
as  well  as  others,  had  heard  him  say  he  wished  the  pres- 
byterians  in  Scotland  would  rebel,  that  he  might  bring 
over  the  Irish  papists  to  cut  their  throats.  I  was  next 
examined  concerning  the  design  of  bringing  a  Scottish 
army  into  England.  I  desired  to  be  excused,  as  to  what 
had  passed  in  private  discourse,  which  I  thought  I  was  not 
bound  to  answer  to,  unless  it  were  high  treason.  They 
pressed  me  long,  and  I  would  give  them  no  other  answer : 
so  they  all  concluded  that  I  knew  great  matters,  and 
reported  this  specially  to  the  house.     Upon  that   I  was 

April  23,  sent  for,  and  brought  before  the  house.  I  stood  upon  it, 
7o'  as  I  had  done  at  the  committee,  that  I  was  not  bound  to 
answer ;  that  nothing  had  passed  that  was  high  treason, 
and  as  to  all  other  things  I  did  not  think  my  self  bound  to 
discover  them.  I  said  further,  I  knew  duke  Lauderdale 
was  apt  to  say  things  in  a  heat  which  he  did  not  intend  to 
380  do l ;  and  since  he  had  used  me  so  severely,  I  thought  my 
self  the  more  obliged  not  to  say  any  thing  that  looked 
like  revenge  for  what  I  had  met  with  from  him.  I  was 
brought  four  times  to  the  bar  :  at  last  I  was  told  the 
house  thought  they  had  a  right  to  examine  into  every 
thing  that  concerned  the  safety  of  the  nation,  as  well  as 
into  matters  of  treason  :  and  they  looked  on  me  as  bound 
to  satisfy  them  :  otherwise  they  would  make  me  feel  the 
weight  of  their  heavy  displeasure,  as  one  that  concealed 
what  they  thought  was  necessary  to  be  known.  Upon  this 
I  yielded  a,  and  gave  an  account  of  the  discourse  formerly 
mentioned2.  They  laid  great  weight  on  this3,  and  re- 
newed their  address  against  duke  Lauderdale. 

a  between  fear  and  persuasion,  struck  out. 


1  See  Marvell's  account,  April  24,       Commons  Journals,  April  23,  1675. 
1675  {Works,  ii.  440)  ;  Ralph,  i.  275;  2  Treacherous  villain.     S. 

supra  26,    60 ;  Pari.  Hist.  iv.  685 ;  3  They  made  no  use  of  it ;   and 


of  King  Charles  II.  75 

I  was  much  blamed  for  what  I  had  done.  Some,  to  Chap.  V 
make  it  look  the  worse,  added  that  I  had  been  his  chaplain, 
which  was  false ;  and  that  I  had  been  much  obliged  by 
him,  though  I  had  never  received  any  real  obligation  from 
him,  but  had  done  him  great  services,  for  which  I  had 
been  very  unworthily  requited  by  him.  Yet  the  thing  had 
an  ill  appearance,  as  the  disclosing  of  what  had  passed  in 
confidence  ;  though  I  make  it  a  great  question,  how  far 
even  that  ought  to  bind  a  man  when  the  designs  are  very 
wicked,  and  the  person  continued  still  in  the  same  post 
and  capacity  of  executing  them.  I  have  told  the  matter 
as  it  was,  and  must  leave  my  self  to  the  censure  of  the 
reader.  My  love  to  my  country,  and  my  private  friend- 
ships, carried  me  perhaps  too  far  ;  especially  since  I  had 
declared  much  against  clergymen's  meddling  in  secular 
affairs,  and  yet  had  run  my  self  so  deep  in  them.  The 
truth  is,  I  had  been  for  above  a  year  in  a  perpetual  agita- 
tion, and  was  not  calm  nor  cool  enough  to  reflect  on  my 
conduct,  as  I  ought  to  have  done.  I  had  lost  much  of 
a  spirit  of  devotion  and  recollection,  and  so  it  was  no 
wonder  if  I  committed  great  errors. 

This  broke  me  quite  with  the  court,  and  in  that  respect 
proved  a  great  blessing  to  me.  It  brought  me  out  of  many 
temptations,  the  greatest  of  all  being  the  kindness  that 
was  growing  upon  me  to  the  duke,  which  might  have 
involved  me  into  great  difficulties,  as  it  did  expose  me  to 
much  censure ;  all  which  went  off  upon  this  occasion. 
And  I  applied  my  self  to  my  studies  and  my  function, 
being  then  settled  preacher  at  the  Rolls,  and  soon  after 
lecturer  at  St.  Clement's.  |  I  lived  many  years  under  the  MS.  192. 
protection  of  sir  Harbottle  Grimston,  Master  of  the  Rolls, 
who  continued  steady  in  his  favour  to  me,  though  the  king 
sent  secretary  Williamson  to  desire  him  to  dismiss  me. 
He  said  he  was  an  old  man,  fitting  himself  for  another 
world,  and  he  found  my  ministry  useful  to  him  ;  so  he 

the  majority  of  the  house  did    not       See  Commons  Journals,  April  5. — 
seem  to  like  its  coming  from  him.       May  6,  1675.     O. 


76  The  History  of  the  Reign 

Chap.  V.  prayed  that  he  might  be  excused  in  that.  He  was  a  long 
and  very  kind  patron  to  me.  I  continued  ten  year  in  that 
post,  free  from  all  necessities :  and,  I  thank  God,  that  was 
all  I  desired.  But  since  I  was  so  long  happy  in  so  quiet 
a  retreat,  it  seems  but  a  just  piece  of  gratitude,  that  I 
should  give  some  account  of  that  venerable  old  man. 

He  was  descended  from  a  long-lived  family;  for  his 
great  grandfather  lived  till  he  was  98,  his  grandfather  to 
381  86,  and  his  father  to  78,  and  himself  to  82.  He  had  to  the 
last  a  great  soundness  both  of  health,  of  memory,  and  of 
judgment.  He  was  bred  to  the  study  of  the  law,  being 
a  younger  brother :  upon  his  elder  brother's  death  he 
threw  it  up,  but  falling  in  love  with  judge  Croke's * 
daughter,  the  father  would  not  bestow  her  on  him.  unless 
he  would  return  to  his  studies,  which  he  did  with  great 
success.  That  judge  was  one  of  those  who  delivered  his 
judgment  in  the  chequer- chamber  against  the  ship-money, 
with  a  long  and  learned  argument ;  and  sir  Harbottle's 
father,  who  served  in  parliament  for  Essex,  lay  long  in 
prison  because  he  would  not  pay  the  loan-money.  Thus 
both  his  own  family  and  his  wife's  were  zealous  for  the 
interests  of  their  country.  In  the  beginning  of  the  Long 
parliament  he  was  a  great  assertor  of  liberty,  and  inveighed 
severely  against  all  that  had  been  concerned  in  the  former 
/illegal  oppressions.  His  principle  was,  that  allegiance  and 
protection  were  mutual  obligations,  and  that  the  one  went 
for  the  other.  He  thought  the  law  was  the  measure  of 
both,  and  that  when  a  legal  protection  was  denied  to  one 
that  paid  a  legal  allegiance,  the  subject  had  a  right  to 
defend  himself.  He  was  much  troubled  when  preachers 
asserted  a  divine  right  of  regal  government :  he  thought  it 
had  no  other  effect  but  to  give  an  ill  impression  of  such 
aspiring  men  :  nobody  was  convinced  by  it :  it  inclined 
their  hearers  rather  to  suspect  all  they  said  besides.  It 
looked  like  the  sacrificing  their  country  to  their  own  pre- 
ferment,  and  an  encouraging  of  princes  to   turn   tyrants. 

1  supra  33.     See  Gardiner's  Hist,  of  Eng.  ix.  ioo. 


of  King  Charles  II.  77 

Yet  when  the  Long  parliament  engaged  into  the  league  Chap.  v. 
with  Scotland,  he  would  not  swear  the  covenant,  and  he 
discontinued  sitting  in  the  house  till  it  was  laid  aside. 
Then  he  came  back,  and  joined  with  Holies  and  the  other 
presbyterians  in  a  high  opposition  to  the  independents,  and 
to  Cromwell  in  particular,  as  was  told  in  the  first  book. 
He  was  one  of  the  secluded  members  that  was  forced  out 
of  the  house.  He  followed  afterwards  the  practice  of  the 
law,  but  was  always  looked  at  as  one  that  wished  well  to 
the  ancient  government  of  England.  So  he  was  chosen 
speaker  of  that  house  that  called  home  the  king  ;  and  had 
so  great  a  merit  in  that  whole  affair,  that  he  was  soon  after, 
without  any  application  of  his  own,  made  Master  of  the 
Rolls  :  in  which  he  continued  to  his  death  with  a  high 
reputation,  as  he  well  deserved  it.  For  he  was  a  just 
judge ;  very  slow,  and  ready  to  hear  every  thing  that  was 
offered,  without  passion  or  partiality.  I  thought  his  only 
fault  was  that  he  was  too  rich ;  and  yet  he  gave  yearly 
great  sums  in  charity,  discharging  many  prisoners  by 
paying  their  debts.  He  was  a  very  pious  and  devout  man, 
and  spent  every  day  at  least  an  hour  in  the  morning,  and 
as  much  at  night,  in  prayer  and  meditation ;  and  even  in 
winter,  when  he  was  obliged  to  be  very  early  on  the  bench, 
he  took  care  to  rise  so  soon  that  he  had  always  the  com- 
mand of  that  time  that  he  gave  to  the  best  exercises*. 
He  was  much  sharpened  against  popery,  but  had  always  382 
a  tenderness  to  the  dissenters1,  though  he  himself  continued 
still  in  the  communion  of  the  church.  His  second  wife, 
whom  I  knew,  was  niece  to  the  great  sir  Francis  Bacon  2, 
and  was  the  last  heir  of  that  family.  She  had  all  the  high 
notions  for  the  church  and  the  crown  in  which  she  had  been 
bred,  but  was  the  humblest,  the  devoutest,  and  best  tem- 
pered   person    I    ever   knew  of  that   sort.     It  was   really 

*  He  loved  the  Puritans  and  their  books  of  devotion,  struck  out. 


1  Burnet's  test  of  all  virtues.     S. 
2  Daughter  of  Sir  Nathaniel  Bacon  and  widow  of  Sir  Thomas  Meantys. 


78  The  History  of  the  Reign 

Chap.  V.  a  pleasure  to  hear  her  talk  of  religion  :  she  did  it  with  so 
much  elevation  and  force.  She  was  always  very  plain  in 
her  clothes,  and  went  oft  to  jails,  to  consider  the  wants  of 
the  prisoners,  and  relieve  or  discharge  them  ;  and  by  the 
meanness  of  her  dress  she  passed  but  for  a  servant,  trusted 
with  the  charities  of  others.  When  she  was  travelling  in 
the  country,  as  she  drew  near  a  village,  she  often  ordered 
her  coach  to  stay  behind  till  she  had  walked  about  it, 
giving  orders  for  the  instruction  of  the  children,  and  leaving 
liberally  for  that  end.     With  two  such   persons   I   spent 

April  13.  several  of  my  years  very  happily.  But  I  do  now  return  to 
the  session  of  parliament 1. 

MS.  193.  J  In  the  house  of  commons  the  business  against  duke 
Lauderdale  was  taken  up  warmly  at  three  several  times, 
and  three  several  addresses  were  made  to  the  king  against 

Ma7  7,  him.  The  king's  answer  was,  that  he  would  protect  no 
man  against  law  and  justice,  but  would  condemn  none 
April  26  to  without  special  matter  well  made  out  2.  There  was  no 
money  offered  :  so  addresses  were  feeble  things.  The  next 
attempt  was  against  the  earl  of  Danby,  who  had  begun  to 
invert  the  usual  methods  of  the  exchequer :  but  the 
majority  were  for  him,  so  that  charge  came  to  nothing  3 ; 
only  those  who  begun  it  formed  a  party  against  him,  that 
grew  in  conclusion  to  be  too  hard  for  him.  He  took 
a  different  method  from  those  who  were  in  the  ministry 

1  Lord  Treasurer  Oxford  told  me,  having    mentioned   it  to  any  body, 

his  father,  Sir  Edward  Harley,  was  D. 

very  intimately  acquainted  with  the  2  There  is  nothing  like  this  in  the 

Master  of  the  Rolls  ;  and  when  the  king's     clever     answer     {Commons 

bill  of  exclusion  was  depending,  had  Journals,  Pari.  Hist.  iv.  699),  nor  in 

communicated  a  secret  of  very  great  Marvell's  account,  May  8,  1675. 
importance  to  him.  which  he  trusted  3  See  the  debate  of  April  26,  Pari. 

to  Burnet,  and  by  that  means  was  Hist.  iv.  692,  especially  the  speeches 

soon  known  at  court.     Sir  Harbottle  of  Powle   and   Garroway,    and   the 

knew  he  had  spoke  of  it  to  nobody  articles   of  impeachment,   693.     On 

else,  and  charged  Burnet  with  having  May   3,    after   witnesses    had    been 

revealed  it.     He  began  to  make  some  heard,   the   impeachment    dropped, 

very  awkward  excuses;  which  the  apparently  through  want  of  evidence, 

Master  stopt,  by  telling  him,  that  he  though  Marvell  naturally  says   '  by 

himself  was  most  to  be  blamed,  for  great  bribing,'  July  24,  1675. 


of  King  Charles  II.  79 

before  him.  They  had  taken  off  the  great  and  leading  Chap.  v. 
men  :  and  so  they  left  the  herd  as  a  despised  company, 
who  could  do  nothing  because  they  had  none  to  head  them. 
But  lord  Danby  reckoned  that  the  major  number  was  the 
surer  game  :  so  he  neglected  the  great  men,  who  he  thought 
raised  their  price  too  high,  and  reckoned  that  he  could 
gain  ten  ordinary  men  cheaper  than  one  of  these 1.  This 
might  have  succeeded  with  him,  if  they  that  did  lead  his 
party  had  been  wise  and  skilful  men ;  but  he  seemed  to  be 
jealous  of  all  such,  as  if  they  might  gain  too  much  credit 
with  the  king.  The  chief  men  that  he  made  use  of  were 
of  so  low  a  size  that  they  were  baffled  in  every  debate  ;  so 
that  many  who  were  inclined  enough  to  vote  in  all  obedience 
yet  were  ashamed  to  be  in  their  votes  on  the  side  that  was 
manifestly  run  down  in  the  debate. 

The  ablest  man  of  his  party  was  Seymour 2,  that  was 
the  first  Speaker  of  that  house  that  a  was  not  bred  to  a  the 
law.  He  was  a  man  of  great  birth,  being  the  elder  branch 
of  the  Seymour  family,  and  was  a  graceful  man,  bold  and 

a  struck  out,  and  the  following  words  substituted  :  that  had  no 
knowledge  of 


1  Temple  mentions  Clifford  as  the  2  Edward  Seymour,  fourth  baronet 

first  systematic  briber.     '  A  practice  of  Berry  Pomeroy,  born   1633  ;   sat 

introduced  by  my  Lord  Clifford,  of  for   Gloucester   in    the    Pensionary 

down  right  buying  off  one  man  after  Parliament ;   joined  the  court  party 

another,  as  they  could  make  the  bar-  in    1667,    vol.    i.    456-486;    elected 

gain.'     Works,  ii.  429.     The  Season-  Speaker  Feb.  15,  167^,  on  the  resig- 

ableArgumentmentions2i^  members  nation  of  Sir  John  Charlton.  He  was 

of  the  '  Pensionary '  Parliament  who  '  of  that  gang  that  routed  the  Lord 

had  obvious  reasons  for  supporting  Chancellor  Hyde,'  and   first  moved 

the  Government.  But,  besides  Danby,  the   impeachment.     North's   Life  of 

Ruvigny  bribed  in  the  interests  of.  Lord  Keeper  Guilford,  349,  ed.  1890. 

France  :  Van  Beuninghen  and  Ron-  See  infra  207.    He  was  afterwards 

quillo,  the  Dutch  and  Spanish  am-  Treasurer  of  the  Navy,  and  was  im- 

bassadors,   in   those  of  the  coalition  peached  in  1680  for  corruption  and 

against  Louis.     Ranke,  iv.  14.     See  maladministration.    Infra  262;  Pari. 

List  of  one  Unanimous  Club  of  Voters,  Hist.  iv.  1221,   1250.     He  played  a 

in   His  Majesties   Long  Parliament,  prominent   part   at    the    Revolution 

dissolved  in  78.     Very  fit  to  be  thought  and  in  the  reigns  of  William  III  and 

on  at  the  next  New  Choice.  Anne  ;  and  died  in  1 708. 


80  The  History  of  the  Reign 

Chap.  V.  quick,  but  was  the  most  immoral  and  impious  man  of  the 

383  a£e'  ^e  ^ac^  a  SQ1 "*"  °^  a  Pr^e  so  peculiar  to  himself  that 
I  never  saw  any  thing  like  it.  He  had  neither  shame  nor 
decency  with  it  \  And  in  all  private  as  well  as  in  public 
dealings  he  was  the  unjustest  and  blackest  man  that  has 
lived  in  our  time.  He  was  violent  against  the  court,  till 
he  forced  himself  into  good  posts.  He  was  the  most 
assuming  speaker  that  ever  sate  in  the  chair.  He  knew 
the  house  and  every  man  in  it  so  well,  that  by  looking 
about  he  could  tell  the  fate  of  any  question.  So  if  any 
thing  was  put  when  the  court  party  were  not  well  gathered 
together,  he  would  have  held  the  house  from  doing  any 
thing,  by  a  wilful  mistaking  or  mistating  the  question,  so 
that  he  gave  time  to  those  who  were  appointed  for  that 
mercenary  work,  to  go  about  and  gather  in  all  their  party. 
And  he  would  discern  when  they  had  got  the  majority, 
and  then  he  would  very  fairly  state  the  question,  when  he 
saw  he  was  sure  to  carry  it. 

A  great  many  of  the  court  grew  to  be  so  uneasy,  especi- 
ally when  they  saw  the  king  was  under  the  influence  of 
French  and  popish  counsels,  that  they  were  glad  to  be  out 
of  the  way  at  critical  times.  On  some  occasions  they  would 
venture  to  vote  against  the  court :  of  which  the  memorable 
answer  of  [John]  Harvey's,  that  was  treasurer  to  the  queen, 
was  a  noted  a  instance.  He  was  one  whom  the  king  loved 
personally,  and  yet  upon  a  great  occasion  he  voted  against 
that  which  he  desired.  So  the  king  chid  him  severely  for 
it.  Next  day  another  important  question  falling  in,  he 
voted  as  the  king  would  have  him.  So  the  king  took 
notice  of  it  at  night,  and  said,  You  were  not  against  me 

a  substituted  for  famous. 


1  When    he    was     Speaker,    his  out  of  his  own  coach,  but  Sir  Edward 

coach  broke  at  Charing  Cross,  and  told  him  it  was  more  proper  for  him 

he  ordered  the  beadles  to  stop  the  to   walk   in   the    streets,    than    the 

next    gentleman's    they    met,    and  Speaker  of  the  House  of  Commons  ; 

bring  it  to  him.     The  gentleman  in  and  left  him  so  to  do,  without  any 

it  was  much  surprised  to  be  turned  further  apology.     D. 


of  King  Charles  II.  81 

today.  He  answered,  No,  sir,  I  was  against  my  conscience  Chap.  v. 
today.  This  was  so  gravely  delivered,  that  the  king 
seemed  pleased  with  it,  and  it  was  much  talked  of.  While 
things  went  thus  in  the  house  of  aommons,  there  was  the 
greatest  and  longest  debate  in  the  house  of  lords  that  has 
been  in  all  my  time.  They  sat  upon  it  often  till  midnight.  April  and 
It  was  about  the  test  that  lord  Danby  had  contrived,  ay'  l  75' 
as  was  formerly  mentioned  K  Lord  Danby  and  lord  Finch  2 
and  some  of  the  bishops,  were  the  chief  arguers  for  it. 
They  said,  it  was  necessary  that  a  method  should  be  found 
out  to  discriminate  the  good  subjects  from  the  bad  :  we  had 
been  lately  involved  in  a  long  civil  war,  occasioned  by 
the  ill  principles  that  some  had  taken  up  with  relation  to 
government :  it  was  fit  to  prevent  the  return  of  such 
miseries.  The  king  had  granted  a  very  full  indemnity, 
and  had  observed  it  religiously :  but  there  was  no  reason, 
while  so  much  of  the  old  leaven  still  remained,  to  leave 
the  nation  exposed  to  men  of  such  principles.  It  was  not 
fit  to  make  a  parliament  perpetual :  yet  that  was  a  less 
evil  than  to  run  the  hazard  of  a  bad  election,  especially 
when  jealousies  and  fears  had  been  blowed  about  the 
nation.  A  good  constitution  was  to  be  preserved  by  all 
prudent  methods :  no  man  was  to  be  pressed  to  take  this 
test,  but  as  they  who  were  not  willing  to  come  into  such 
an  engagement,  ought  to  have  the  modesty  to  be  contented 
with  the  favour  and  connivance  of  the  government,  so  if 
that  did  not  teach  them  good  manners,  it  might  be  fit  to  384 
use  severer  tools.     To  all  this  great  opposition  was  made  3. 

1  The  •  Non-Resisting '  Test.     Cf.  security   and   the    king's   busyness. 

supra   62.      'The   Treasurer,    Lau-  and  for   the    Duke  of  York.     They 

derdale,  and  I  should  have  said  the  persuaded  him,  that,  in  an  act  for 

Duke  of  York  had,  as  they  generally  taking  the  Popish  test,    he   should 

have,  the  great  stroke  in  our  counsel.  by  exempted  by  particular  proviso.' 

.  .  .  Lauderdale   therefore,   and   the  Marvell  to  Ramsden,  July  24,  1675. 

Treasurer  Coke,  voted  so  obnoxious  2  Upon  Finch,  see  i.  402  ;  supra 

to  the  Parliament  .  .  .  that  they  were  42. 

forced  to  make  a  most  strict  league  3  '  It  grew  therefore  to  the  greatest 

with  the  Bishops  and  the  whole  old  contest  that  has  perhaps  ever  been 

cavalier  party,  in  order  to  their  own  in  Parliament,  wherein  those  Lords 

VOL.  II.  G 


82  The  History  of  the  Reign 

Chap.V.  It  was  plain  the  duke  did  not  like  it,  but  the  king  was  so 
set  on  it  that  he  did  not  declare  himself  against  it.     But 

MS.  194.  all  j  the  papists  were  against  it :  they  thought  the  bringing 
any  test  in  practice  would  certainly  bring  on  one  that 
would  turn  them  out  of  the  house.  The  lords  of  Shaftes- 
bury, Buckingham,  Holies,  Halifax,  and  all  those  that  were 
thought  the  country  party  l,  opposed  this  mightily.  They 
thought  there  ought  to  be  no  tests  beyond  the  oath  of 
allegiance  upon  the  electors  to  parliament :  that  being  the 
great  privilege  of  Englishmen,  that  they  were  not  to  be 
taxed  but  by  their  representatives  ;  it  was  therefore  thought 
a  disinheriting  men  of  the  main  part  of  their  birthright,  to 
do  any  thing  that  should  shut  them  out  from  their  votes 
in  electing2.  All  tests  on  public  assemblies  were  thought 
dangerous,  and  contrary  to  public  liberty :  for  if  a  parlia- 
ment thought  any  law  inconvenient  for  the  good  of  the 
whole,  they  must  be  supposed  still  free  to  alter  it,  and  so 
no  previous  limitation  could  bind  up  their  legislature  3.  A 
great  deal  was  said,  to  shew  that  the  peace  of  the  world 
was  best  secured  by  good  laws  and  good  government  ;  and 
that  oaths  or  tests  were  no  security.  The  scrupulous  might 
be  fettered  by  them,  yet  the  bulk  of  the  world  would 
boldly  take  any  test,  and  as  boldly  break  through  it ;  of 
which  the  late  times  had  given  large  proofs.  The  matter 
of  this  test  was  very  doubtful.  For  though,  generally 
speaking,  the  king's  person  and  his  power  were  not  to  be 
distinguished,  yet  that  was  not  universally  true.  An  infant 
king  or  a  lunatic  were  exceptions :  as  also  a  king  in  his 
enemies'  hands,  which  was   the   case  of  Henry   VI.,   for 

that  were  against  this  oath  .  .  .  stood  Marvell,  Last  Instructions,  107  ;  see 
up  now  for  the  English  liberties  with  Reresby's  Memoirs,  90  ;  vol.  i.  489. 
the  same  genius,  virtue,  and  courage,  2  '  Never  was  so  much  sense  con- 
that  their  noble  ancestors  had  for-  veyed  in  so  few  words.  No  con- 
merly  defended  the  Great  Charter  of  veyancer  could  ever  in  more  corn- 
England,'  &c.  Marvell,  Popery  and  pendious  or  binding  terms  have 
Arbitrary  Power,  309.  The  whole  of  drawn  a  dissettlement  of  the  whole 
Marvell's  account  should  be  read.  birthright     of    England.'      Marvell, 

1  The  terms '  Court'  and  'Country'  Popery  and  Arbitrary  Power,  308. 

Parties  were  at  least  as  old  as  1667.  s  Wrong  arguing.     S. 


of  King  Charles  II.  83 

whose  power  his  own  party  fought  even  against  his  person.  Chap.V. 
So  an  exception  was  to  be  understood  ;  otherwise  the  pro- 
position that  affirmed  it  was  a  traitorous  position  to  separate 
them,  was  not  true.  Nor  could  it  be  reasonable  to  bind  up 
men  against  alterations  :  every  new  law  was  an  alteration  : 
it  was  not  easy  to  define  how  far  the  power  of  making 
alterations  might  go,  and  where  it  must  stop.  Those  things 
were  best  left  at  large :  so  upon  the  whole  matter,  as  they 
were  against  any  parliamentary  tests,  so  they  were  more 
particularly  against  this.  Lord  Shaftesbury  distinguished 
himself  more  in  this  session  than  ever  he  had  done  before. 
He  spoke  once  a  whole  hour,  to  shew  the  inconvenience  of 
condemning  all  resistance  upon  any  pretence  whatsoever1. 
He  said  it  might  be  proper  to  lay  such  ties  upon  those 
who  served  in  the  militia,  and  in  corporations,  because  there 
was  still  a  superior  power  in  the  parliament  to  declare  the 
extent  of  the  oath.  But  it  might  be  of  very  ill  consequence 
to  lay  it  on  a  parliament :  since  there  might  be  cases, 
though  far  out  of  view,  so  that  it  was  hard  to  suppose  them, 
in  which  he  believed  no  man  would  say  it  was  not  lawful 
to  resist.  If  a  king  would  make  us  a  province,  and  tributary  385 
to  France,  and  subdue  the  nation  by  a  French  army  to  the 
French  or  the  papal  authority,  must  we  be  bound  in  that 
case  tamely  to  submit  ?  Upon  which  he  said  many  things 
that  did  cut  to  the  quick  :  and  yet,  though  his  words  were 
watched,  so  that  it  was  resolved  to  have  sent  him  to  the 
Tower  if  any  one  word  had  fallen  from  him  that  had  made 
him  liable  to  such  a  censure,  he  spoke  both  with  so  much 
boldness  and  so  much  caution,  that,  though  he  provoked 

1  '  What,'  said  Shaftesbury,  '  is  object  of  his  wit.  '  Never  were 
the  business  of  Parliament,  but  to  poor  men  exposed  and  abused  all 
make  alterations,  either  by  adding  or  the  session,  as  the  bishops  were  by 
taking  away  some  part  of  the  the  Duke  of  Buckingham,  upon  the 
government  in  Church  or  Stale  ? '  test ;  never  the  like,  nor  so  infinitely 
Christie,  Life  of  the  First  Earl  of  pleasant;  and  no  men  were  ever 
Shaftesbury,  ii.  App.  vi.  i,  where  the  grown  so  odiously  ridiculous.'  Mar- 
heads  of  Shaftesbury's  remarkable  veil  to  Ramsden,  July  24,  1675  ;  see 
speech  are  given  in  full.  Bucking-  also  Letter  from  a  Person  of  Quality 
ham  took  the  bishops  as  the  special  to  his  Friend  in  the  Country. 

G  2 


84  The  History  of  the  Reign 

Chap.  V.  the  court  extremely,  no  advantage  could  be  taken  against 
him.  The  court  carried  every  question  in  favour  of  the 
April  21-  test,  though  with  great  opposition,  and  a  protestation  made 
a>  '  upon  every  step  that  was  carried  l.  So  that  the  bill  was 
in  a  fair  way  to  have  passed,  and  very  probably  it  would 
have  passed  in  the  house  of  commons,  when,  by  an  unlooked- 
for  emergent,  the  session  was  broke  2. 

Ever  since  the  end  of  king  James  I.'s  reign,  petitions  of 
appeal  were  brought  to  the  house  of  lords  from  decrees  in 
chancery.  This  rose  from  a  parity  of  reason,  because 
writs  of  error  lay  from  the  courts  of  law  to  the  house  of 
lords  :  and  since  the  business  of  the  chancery  grew  to  be 
so  extended  and  comprehensive,  it  was  not  thought  safe  to 
leave  it  all  to  the  lord  chancellor's  conscience.  So  this 
practice,  though  so  lately  begun,  grew  on  by  degrees  to 
be  the  main  business  of  the  house  of  lords.     And  now 

May  5.  a  petition  of  appeal  was  brought  against  a  member  of  the 
house  of  commons.  The  lords  received  it,  and  made  an 
order  upon  it.  The  member  being  served  with  it,  brought 
it  into  the  house  of  commons  :  and  they  voted  it  a  breach 
of  privilege,  for  the  lords  to  meddle  with  one  of  their  house. 
The  lords,  on  the  other  hand,  said,  they  were  bound  to 
do  justice  to  all,  and  no  privilege  could  lie  against  that  : 
and  since  they  never  sate  but  when  the  commons  sate 
likewise,  if  a  privilege  from  that  house  could  stop  their 
proceedings  there  must  be  a  failure  of  justice  :  and  since 

1  The  debate  lasted  seventeen  against  the  East  India  Company 
days,  from  April  21  to  May  6.  See  before  the  Privy  Council,  who  in  turn 
Lords  Journals  for  the  protestations  laid  it  before  the  Lords,  when  heavy 
and  Foxcroft's  Halifax,  119-121.  damages  were  given.  This  latter  case 

2  Dr.  Shirley  appealed  to  the  began  Jan.  2,  i66|,  and  lasted  for 
Lords  in  May  from  the  Court  of  three  years,  when  the  entries  in  the 
Chancery  in  his  suit  against  Sir  John  MS.  Journal  of  the  House  of  Lords 
Fagg,  a  member  of  the  House  of  were  expunged  by  order  of  the 
Commons.  The  matter  thus  became  House,  but  have  since  been  deci- 
one  of  privilege.  See  Hallam,  Hist.  phered.  H.M.  C.Rep.  viii.  107  and 
of  England  (sm.  ed.),  iii.  24-27.  A  note  ;  Marvell,  May  9,  1668,  Corres- 
similar  dispute  had  led  to  a  similar  pondence  (Grosart),  255;  Pari.  Hist. 
result  when  Skinner  laid  his   case  iv.  422,  431 ,  Commons  Journals. 


of  King  Charles  II.  85 

no  privilege  was  ever  pretended  in  the  case  of  a  writ  of  Chai. V. 
error,  it  could  not  lie  against  an  appeal 1.  So  they  resolved 
to  proceed  in  the  cause.  The  commons  passed  a  vote 
against  any  lawyers  that  should  plead  at  the  lords'  bar  in 
this  cause  :  but  the  lords  commanded  the  counsel  to  go  on  ; 
with  which  they  complied.  And  as  they  went  from  the 
lords'  bar,  they  were  by  an  order  from  the  house  of  com- 
mons sent  to  the  Tower ;  but  they  were  by  another  order 
from  the  lords  set  at  liberty.  So  the  two  |  houses  being  MS.  195. 
as  it  were  at  war,  it  was  necessary  to  put  an  end  to  the 
sessions  2. 

This  was  very  uneasy  to  the  court :  for  they  say  it  was 
a  very  sure  method  a  to  break  a  session  of  parliament  at 
every  time  that  it  was  taken  up.  I  am  not  sure,  if  this  was 
laid  b,  or  if  it  happened  by  accident.  Lord  Shaftesbury  said 
it  was  laid  by  himself;  but  others  assured  me  it  happened 
in  course,  though  it  produced  great  effects  :  for  there  was 
never  a  strength  in  the  court  to  raise  this  debate  of  the  Test 
in  any  subsequent  session.  And  as  this  made  the  court 
apprehend  they  might  by  the  prosecution  of  the  same  386 
appeal  lose  the  next  session,  since  a  prorogation  did  only 
discontinue  parliamentary  proceedings,  but  not  judiciary 

0  substituted  for  ready  thing.  b  originally  a  /aid  thing. 


1  See  the  summary  of  Shaftes-  June  20  William  Godolphin  wrote  to 
bury's  speech  of  Oct.  20,  a  brilliant  Arlington  from  Madrid  :  '  I  am  not 
defence  of  aristocratic  rights,  in  able  to  express  how  much  his 
Ranke,  iv.  62,  whose  remarks  upon  Majesty's  honour  and  interests 
Shaftesbury's  point  of  view  are  very  abroad  are  weakened  by  some  pro- 
valuable.  The  speech  is  given  in  ceedings  of  our  Parliament  at  home, 
extenso  in  the  Somers  Tracts,  viii.  43.  which  they  here  reckon  upon  as  the 
Reresby,  a  courtier,  declares  that  French  in  ancient  times  were  wont 
'the  country  party  had  great  reason'  to  do  in  the  Scots  incursions  into 
in  the  debate,  though  he  was  careful  England,  as  a  certain  division.  The 
how  he  voted.  Memoirs  (ed.  Cart-  late  addresses  for  recalling  his  Ma- 
wright),  95,  107.  Roger  North,  in  jesty's  troops  out  of  France,  I  think, 
his  Autobiography,  says:  'Those  will  destroy  the  credit  of  our  alliance 
against  the  government  were  mad,  with  all  Princes,  and  make  them 
and  those  for  it  generally  false.'  seek  it  less.'     Spanish  Negotiations, 

*  Parliament  was  prorogued  from  ii.  238. 
June  9,   1675,  to  October  13.     On 


86  The  History  of  the  Reign 

Chap.  V.  ones,  so  they  feared  this  might  go  so  far  as  to  force  a  dis- 
solution of  the  present  parliament :  to  which  the  court 
would  be  very  hardly  brought,  after  they  had  practised  so 
long  upon  the  members,  and  knew  them  all  so  well  \ 

In  this  session,  on  a  day  that  grievances  were  to  be 
gone  upon,  Grimston  said,  that  considering  the  extent  of 
privilege,  he  looked  on  a  standing  parliament  as  the  greatest 
grievance  of  the  nation  ;  so  many  men  being  exempted  from 
justice,  and  from  the  demands  of  their  creditors,  for  so  long 
and  so  indefinite  a  time.  This  fell  at  that  time ;  but  it 
was  not  forgot 2,  and  it  was  likely  to  be  taken  up,  when  new 
opportunities  should  be  offered.  The  summer  went  over 
without  any  considerable  accidents  at  home. 

Oct.  13,  A  new  session  met  next  winter  ;  and  at  the  first  opening 
75"  it,  the  king  laid  before  the  commons  the  great  difficulties 
he  was  in  by  the  anticipations  of  his  revenue 3.  It  was 
then  generally  thought,  that  the  king  was  in  such  straits, 
that  if  money  could  not  be  obtained,  he  would  turn  to  other 
counsels  and  to  other  ministers.  The  debate  went  high  in 
the  committee  of  the  whole  house.  It  was  offered  on  the 
one  side  to  shew  that  the  king  had  not  enough  in  his  hands 
to  maintain  the  government  and  to  secure  the  nation : 
though  our  neutrality  at  that  time  made  trade  flow  in  upon 
us,  so  that  the  customs  rose  higher  than  ever.  On  the 
other  hand  it  was  said,  that  if  anticipations  were  once 
admitted  as  a  reason  for  a  supply,  the  court  would  never 
want  that  reason.     It  was  fitter  to  examine  by  whose  means 

1  Supra  79  note.    But  see  Ranke,  2  Old    Sir  Christopher   Musgrave 

iv.    13.     Louis  XIV  had  suffered  a  used  to  say,  that  a  good  motion  in 

blow  through  the  death  of  Turenne,  Parliament  never  died  ;  or  a  bad  one 

and  military  disasters  following  upon  ever  do  good  to  the  man  that  made 

it  :  to  maintain  England  on  his  side  it.     D.     The  privilege  of  immunity 

was  all   important  to  him.     It  was  from    arrest    remained    until   1770. 

arranged  that  Charles  should  allow  Erskine  May,  Constitutional  History, 

Parliament  to  meet,  as  arranged,  on  i.  455. 

October  13  ;  that  if  it  made  a  breach  3  'The  House  of  Commons  came 

with  France  a  condition  of  supply,  it  down  and  sat  some  time,  looking  on 

should  be  dissolved  ;  and  that  in  that  one  another  in  a  profound  silence, 

case   Louis  should  pay  Charles   an  till  Sir  Thomas  Meres  broke  it.'  Pari. 

annual  subsidy  of  500,000  louis  d'or.  Hist.  iv.  743. 


of  King  Charles  II. 


87 


or  on  what  design  those  anticipations  were  made.  At  last,  Chap.  v. 
the  question  was  put ;  and  the  vote  being  then  on  the  pre- 
vious question,  whether  the  main  question  should  be  then 
put  or  not,  the  votes  were  equal.  So  sir  Charles  Harbord,  Oct.  19. 
who  was  in  the  chair,  gave  it  for  putting  the  main  question  : 
but  some  of  the  country  side  coming  in  between  the  two 
questions,  the  main  question  was  lost  by  two  or  three1. 
So  near  was  the  court  to  the  carrying  so  great  a  point. 
Harbord  was  much  blamed  for  his  rashness.  He  said  the 
duty  of  the  chair  was  always  to  set  matters  forward,  and  so 
he  ought  to  have  given  it  for  putting  the  main  question : 
and  if  the  same  equality  had  continued,  he  said  he  would 
have  given  it  for  the  court.  He  was  a  very  rich  and 
covetous  man,  who  knew  England  well,  and  his  parts  were 
very  quick  about  him  in  that  great  age,  being  past  eighty. 
A  lively  repartee  was  made  by  his  own  son  to  him  in  the 
debate.  He  had  said,  the  right  way  of  dealing  with  the 
king,    and    of   gaining    him    to    them,  was    to    lay    their 


1  The  vote  against  taking  off  the 
anticipations  was  carried  on  Oct.  19, 
through  the  efforts  of  Ronquillo  \ef. 
supra  79,  note),  by  172  to  165,  and 
supply  was  refused.  A  few  days 
later,  a  somewhat  larger  majority 
voted  £300,000  for  twenty  ships; 
the  resolution  to  lodge  the  money  in 
the  Chamber  of  London  instead  of 
in  the  Exchequer  being  defeated  by 
only  171  to  160.  Commons  Journals, 
Oct.  21,  1675;  Pari.  Hist.  iv.  755; 
Marvell,  Oct.  26.  Not  only,  however, 
was  the  money  to  be  specially 
accounted  for  by  the  officials  {Com- 
mons Journals,  Nov.  n),  but  the 
customs  were  to  be  appropriated,  as 
originally  intended,  to  the  navy. 
The  loans  which  Parliament  re- 
fused to  clear  had  been  raised  on  the 
security  of  the  customs,  so  that 
Charles  was  no  better  off  than  before. 
This  too  was  through  Ronquillo's 
efforts.  Ranke,  iv.  15.  The  renewal 
of  the  quarrel  between  the  Houses 


gave  Charles  a  way  of  escaping  from 
the  deadlock  by  a  prorogation  from 
Nov.    22,    1675,   to    Feb.    15,     167$ 
{infra  93,   115),  and  by  the  accept- 
ance of  the  annual  subsidy  from  Louis 
mentioned  above,  86,  note.    This  had 
been     promised     for     a     dissolution 
(Mignet,  Negotiations,   &c,  iv.   367- 
373)  ;    but  Louis's  need  of  freedom 
from  the   opposition   of  an    English 
Parliament  was  so  great,  and  Danby's 
insistance  so  pertinacious,   that  the 
money  was  given  for  a  prorogation. 
To  Charles  a  long  prorogation  gave 
more   freedom   than    a   dissolution, 
since  in  the  latter  case  the  excitement 
of  the   coming  elections  for  a  new 
Parliament   would    begin    at    once. 
Moreover,  there  was  the   fear  that 
a  house  would  be  elected  even  less 
in  accord  with  his  measures  than  the 
present  one.     Sir  Charles  Harbord 
was    member   for   Launceston    and 
surveyor-general. 


88  The  History  of  the  Keign 

Chap.  V.  hands  on  their  purses,  and  to  deal  roundly  with  him.  So 
his  son  said,  he  seconded  his  motion :  but  he  meant 
that  they  should  lay  their  hands  on  their  purses,  as  he 
himself  did,  and  hold  them  well  shut,  that  no  money 
387  should  go  out  of  them.  The  earl  Danby  was  much  dis- 
appointed with  this.  Yet  he  took  heart,  since  it  was 
brought  so  near,  that  he  reckoned  he  would  make  the  next 
session  sure.  The  petition  of  appeal,  that  had  broke  the 
former  session,  was  now  brought  on  again  before  the  lords. 
The  court  tried  their  whole  strength  to  keep  it  off,  till  they 
saw  what  might  be  expected  from  the  commons.  So  upon 
the  miscarriage  of  the  great  vote  in  the  house  of  commons, 
the  lords  went  on  upon  the  petition :  and  the  commons 
opposing  them  vigorously  as  before,  it  was  visible  that  the 
parliament  must  be  prorogued. 

Upon  this  it  was  proposed  in  the  house  of  lords  to  address 
the  king  for  dissolving  the  present  parliament.  It  was 
manifest  the  two  houses  could  no  longer  maintain  the  cor- 
respondence that  was  necessary.  In  a  new  parliament  this 
must  fall  to  the  ground  :  but  it  could  not  while  this  lasted. 
It  was  said,  a  standing  parliament  changed  the  constitution 
of  England 1.  The  king  did  no  more  consult  with  his 
people,  nor  know  them :  but  he  had  now  only  a  cabal  of 
single  persons  to  deal  with.  The  people  were  now  cut  off 
from  their  liberty  of  electing,  and  so  had  no  more  a  true 
representative.  It  was  said  that  a  parliament  of  a  long 
continuance  would  be  either  an  engine  to  sell  the  liberties 
of  their  country,  or  would  by  rendering  itself  popular  join 
with  the  people  against  the  crown.  In  either  case  it  was 
like  to  be  destructive  to  the  constitution.  So  it  was  moved 
that  an  address  should  be  made  to  the  king  for  dissolving 
the  parliament 2  ;  and,  to  the  wonder  of  all  men,  the  duke 
joined  in  it.  The  majority  of  the  temporal  lords  was  for  it.| 
MS.  196.   But  the  whole  bench  of  the  bishops  was  against  it :  and  so 

1  The     present    case     under    K.       now  will  do  but  septennial  Parlia- 
G(eorge).     S.  ments.     S. 

8   Tempora  ntutantur ;  for  nothing 


of  King  Charles  II.  89 

it  was  not  carried  l.  But  the  thing  became  the  universal  Chap 
subject  of  discourse.  It  was  infused  into  the  members  of 
the  house  of  commons,  that  if  they  would  not  be  more  tract- 
able, and  help  the  king  out  of  his  necessities,  he  was  sure 
a  new  parliament  would  give  him  money,  and  make  him 
easy ;  and  that  the  rather  for  having  dissolved  them.  This 
wrought  on  many  of  them  who  had  been  chosen  while  the 
nation  was  in  a  fit,  or  rather  a  fury,  of  loyalty.  They  knew 
they  could  never  hope  to  be  chosen  again.  Many  of  them 
were  ruined  in  their  fortunes,  and  lived  upon  their  privileges 
and  upon  their  pensions.  So  they  had  got  it  among  them 
for  a  maxim,  which  contributed  not  a  little  to  our  preserva- 
tion while  we  were  in  such  hands,  that  as  they  must  not 
give  the  king  too  much  at  a  time;  lest  there  should  have 
been  no  more  use  of  them,  so  they  were  to  take  care  not  to 
starve  the  court  neither  ;  lest  they  themselves  should  be  * 
starved  by  that  means.  They  were*  indeed  generally  both 
against  popery  and  France ;  and,  to  redeem  their  credit  for 
the  money  that  they  were  ready  to  give  somewhat  too 
lavishly,  they  said,  when  they  went  into  their  countries, 
that  it  was  on  design  to  fix  the  king  to  an  English  interest 
and  the  protestant  religion,  and  they  had  talked  so  high  on  388 
those  heads,  that  the  court  itself  could  not  manage  them 
when  any  thing  relating  to  these  came  before  them.  Some 
of  them  were  high  for  the  prerogative,  others  high  for  the 
church  :  and  all  of  them  were  very  careful  of  themselves. 
In  opposition  to  these  a  great  party  was  formed,  who 
declared  more  heartily  for  the  protestant  religion,  and  for 
the  interest  of  England.  The  duke  of  Buckingham  and  the 
earl  of  Shaftesbury  opened  many  of  their  eyes,  and  let  them 
know  the  designs  of  the  court ;  and  indeed  they  were  then 
so  visible,  that  there  was  enough  seen  without  such  secret 
intelligence  to  convince  the  most  incredulous.  Sir  William 
Coventry  had  the  greatest  credit  of  any  man  in  the  house  2. 
He  never  meddled  personally  with  any  minister :  he  had 
a  perfect  understanding  of  affairs.     So  he  laid  open  the 

1  It  was  lost  by  two  votes  only.  2  See  vol.  i.  479. 


go 


The  History  of  the  Reign 


Chap.  V.  errors  of  government  with  the  more  authority,  because  he 
mixed  no  passion  or  private  resentments  with  it.  His 
brother  the  secretary  usually  answered  him  with  much  life 
in  a  repartee,  but  not  with  the  weight  and  force  with  which 
he  spoke.  Colonel  Birch  was  a  man  of  a  peculiar  character  : 
he  had  been  a  carrier  at  first,  and  retained  still,  even  to  an 
affectation,  the  clownishness  of  his  education  l.  He  got  up 
in  the  progress  of  the  wars  to  be  a  colonel,  and  to  be  con- 
cerned in  the  excise :  and  in  the  restoration  he  was  found 
to  be  so  useful  in  managing  the  excise,  that  he  was  put  in 
a  good  post  2.  He  was  the  roughest  and  boldest  speaker 
in  the  house,  and  talked  in  the  language  and  phrases  of 
a  carrier,  but  with  a  beauty  and  eloquence  that  was  always 
acceptable.  I  heard  Coventry  say  he  was  the  best  speaker 
to  carry  a  popular  assembly  before  him  that  he  had  ever 
known.     He  spoke  always  with  much  life  and  heat :  but 


1  Sir  Edmund  Seymour  reflected 
upon  him  very  grossly  once  in  a 
debate,  for  his  former  profession  ; 
to  which  he  answered  very  calmly, 
that  it  was  true  he  had  been  a  car- 
rier, and  believed  if  that  worthy 
gentleman  had  ever  been  so,  he 
would  have  been  so  still.  King 
Charles  the  second  told  him,  upon 
something  he  had  moved  in  the 
House  of  Commons,  that  he  remem- 
bered forty-one,  to  which  he  replied, 
that  he  remembered  forty- eight.  For 
which  the  Duke  of  Monmouth  would 
have  had  him  sent  to  the  Porter's 
Lodge,  but  the  king  would  not 
suffer  it.  D.  There  was  a  saying 
of  his  to  this  Mr.  Coventry,  which 
was  then  and  has  since  been  much 
talked  of,  and  should  not  be  for- 
gotten. Coventry  had,  in  some 
debate  in  the  House  of  Commons,  in 
which  Birch  had  spoken  of  the  other 
side,  reflected  on  Birch's  having 
been  a  carrier ;  upon  which  Birch 
got  up  and  said,  '  It  is  very  true, 
what  that  gentleman  says,  I  was  a 


carrier  once ;  and  let  me  tell  that 
gentleman  it  is  very  fortunate  for 
him  he  never  was  a  carrier,  for  if  he 
had  been  a  carrier,  he  would  have 
been  a  carrier  still.'  Birch,  as  I  have 
heard  from  a  member  of  his  time, 
that  was  then  a  young  man,  though 
old,  was  at  the  head  of  their  club  in 
Cannon  Row.     O. 

2  Marvell  represents  Birch  as  the 
father  of  the  'monster  Excise': — 

'  Her  of  a  female  harpy  in  dog- 
days 

Black  Birch,  of  all  the  earth-born 
race  most  hot 

And  most  rapacious,  like  himself 
begot.' 

Last  Instructions  to  a  Painter, 
142-145. 
'  Black  Birch  '  occurs  frequently  in 
contemporary  MSS.  Birch  was 
member  for  Leominster,  Penrhyn, 
and  Weobly  in  the  first,  second,  and 
later  Parliaments  of  the  reign  re- 
spectively. Flagellum  Parliamen- 
tarism, 5.  See  Military  Life  of 
Colonel  Birch,  Camden  Society,  1873. 


of  King  Charles  II.  91 

judgment  was  not  his  talent.  Waller1  was  the  delight  of  Chap.  v. 
the  house,  and  even  at  eighty  he  said  the  liveliest  things  of 
any  among  them.  He  was  only  concerned  to  say  that 
which  should  make  him  be  applauded,  but  he  never  laid 
the  business  of  the  house  to  heart,  being  a  vain  and  empty, 
though  a  witty,  man.  He  deserves  a  character,  as  being 
one  of  the  great  refiners  both  of  our  language  and  poetry, 
and  he  was  for  near  sixty  years  one  of  the  best  of  all 
our  writers.  The  two  men  of  quality  that  were  the  most 
considered  were  the  lord  Russell  and  the  lord  Cavendish. 
Russell  2  was  a  man  of  great  candour,  and  of  a  general 
reputation  ;  universally  beloved  and  trusted  ;  of  a  generous 
and  obliging  temper.  He  had  given  such  proofs  of  an 
undaunted  courage,  and  of  an  unshaken  firmness,  that 
I  never  knew  any  man  who  had  so  entire  a  credit  in  the 
nation  as  he  had.  He  quickly  got  out  of  some  of  the  dis- 
orders into  which  the  court  had  drawn  him,  and  ever  after 
that,  his  life  was  unblemished  in  all  respects.  He  had  from 
his  first  education  an  inclination  to  favour  the  non-con- 
formists and  wished  the  laws  could  have  been  made  easier 
to  them,  or  they  more  pliant  to  the  law.  He  was  a  slow 
man,  and  of  little  discourse:  but  he  had  a  true  judgment, 
when  he  considered  things  at  his  own  leisure.  His  under-  389 
standing  was  not  defective  :  but  his  virtues  were  so  eminent, 
that  they  would  have  more  than  balanced  real  defects,  if 
any  had  been  found  in  the  other.  Cavendish,  now  duke  of 
Devonshire3,  was  a  libertine  both  in  principle  and  practice. 
He  went  off  from  the  court  at  first,  upon  resentments  for 
some  disappointments  there.  He  was  an  ambitious  and 
revengeful  man ;  but  he  had  the  courage  of  a  hero,  with 
a  much  greater  proportion  both  of  wit  and  knowledge  than 
is  usual  in  men  of  his  birth.     He  had  a  softness  in  his 

1  Edmund  Waller  was  member  for  a  stake  perhaps  as    any  subject   of 
Hastings.  England.'     Temple,  Works,  ii.  532. 

2  'A  person  in  general  repute  of  3  William  Cavendish,  born    1640, 
an  honest,  worthy  gentleman,  with-  died  1707  ;  Earl  of  Devonshire  1684, 
out  tricks  or  private  ambition,  and  created  Duke  of  Devonshire  1694. 
who  was  known  to  venture  as  great 


92  The  History  of  the  Reign 

Chap.  V.  exterior  deportment,  to  which  there  was  nothing  within 
that  was  answerable.  Littleton  and  Powle  were  the  men 
that  laid  the  matters  of  the  house  with  the  greatest 
dexterity  and  care.     Powle x  was  very  learned   in   prece- 

MS.  197.  dents  and  parliament  journals,  which  goes  a  great  way  |  in 
their  debates  :  and,  when  he  had  leisure  to  prepare  himself2, 
he  was  a  clear  and  strong  speaker.  Littleton  was  the 
ablest a  and  vehementest  arguer  of  them  all.  He  commonly 
lay  quiet  till  the  end  of  a  debate  :  and  he  often  ended  it 
speaking  with  a  strain  of  conviction  and  authority  that  was 
not  easily  resisted.  I  lived  the  very  next  door  to  him  for 
several  years,  and  we  spent  a  great  deal  of  our  time  every 
day  together.  He  told  me  all  their  management,  and  com- 
monly when  he  was  to  put  his  whole  strength  to  argue  any 
point,  he  used  to  talk  it  over  with  me,  and  to  set  me  to 
object  all  that  I  could  against  him.  He  lived  wholly  in 
London :  so  matters  were  most  in  his  hands  during  the 
intervals  of  parliament,  and  by  his  means  it  was  that 
I  arrived  at  such  a  knowledge  of  their  intrigues.  He  was  a 
wise  and  worthy  man,  who  had  studied  much  modern  history 
and  the  present  state  and  interests  of  Europe.  Sir  Thomas 
Lee  was  a  man  that  valued  himself  upon  artifice  and  cun- 
ning, in  which  he  was  a  great  master,  without  being  out  of 
countenance  when  it  was  discovered  3.     Vaughan  4,  the  chief 

"  substituted  for  strongest. 


1  Henry  Powle,  born  1630,  elected  3  He  agreed  to  second  the  motion 
for  Cirencester,  Jan.  167J.  He  forjf  1,200,000  (sw^ra  i6)forsix  thou- 
became  Speaker  of  the  Conven-  sand  pounds,  which  one  of  the  clerks 
tion  Parliament  of  i68f,  and  was  of  the  treasury  was  to  bring  in  a 
made  Master  of  the  Rolls  in  March,  hackney  coach  to  Fleet  Ditch,  where 
i6|$  ;  died  Nov.  1692.  For  Little-  Lee  was  to  meet  him  in  another, 
ton,  see  vol.  i.  415.  He  and  and  upon  a  sign  given,  they  were  to 
Powle  are  both  named  by  Barillon  change  coaches :  which  was  exe- 
in  1680  as  recipients  of  sums  of  cuted  accordingly ;  but,  unluckily, 
money  from  Louis  XIV.  the  coachman  knew  them  both,  and 

2  I  have  seen  many  of  his  occasional  told  what  he  had  seen.  D.  He 
speeches,  and  they  are  all  very  good,  was  member  for  Aylesbury  through- 
and  do  not  deserve  this  distinction  out  the  reign.     Cf.  supra  15. 

upon  them.     O.  4  Edward   Vaughan,   member  for 


of  King  Charles  II. 


93 


justice's  son,  was  a  man  of  great  integrity,  had  much  welch  Chap.  vi. 
pride,  and  did  great  service.  These  were  the  chief  men 
that  preserved  the  nation  from  a  very  deceitful  and  practis- 
ing court,  and  from  a  corrupt  house  of  commons ;  and  by 
their  skill  and  firmness  they,  from  a  small  number  who 
began  the  opposition,  grew  at  last  to  be  the  majority  '. 


CHAPTER  VI. 


THE   FIFTEEN    MONTHS     PROROGATION.      ESSEX   IN 

IRELAND.      PERSECUTION  OF   CONVENTICLES 

IN   SCOTLAND. 

All  this  I  thought  fit  to  lay  together,  and  to  fill  up  as 
it  were  an  empty  place  in  my  history:  for,  as  our  main 
business  lay  in  preparing  for,  or  managing,  a  session  of 
parliament,  so  we  had  now  a  long  interval  of  above  a  year, 
between  this  session  in  winter  [i6]75,  and  the  next  session 
of  parliament,  which  was  not  till  the  spring  in  1677  2-  The 
French  were  much  set  on  procuring  a  peace  ;  and  they, 
seeing  how  much  the  nation  was  set  on  engaging  the  king 
in  the  alliance,  prevailed  with  him  to  discontinue  the  session, 


Cardigan  county,  son  of  John 
Vaughan,  on  whom  see  vol.  i.  402. 
There  was  another  Edward  Vaughan, 
member  for  Montgomeryshire. 

1  He  should  have  mentioned  Sa- 
cheverel  here,  who  was  very  emi- 
nent among  them,  and  inferior  to 
few  in  his  abilities.  I  have  had  this 
from  one  who  knew  him  in  Parlia- 
ment, and  I  have  seen  many  of  his 
speeches,  which  manifest  this  to 
have  been  his  character.  He  may 
be  seen  in  the  conference  between 
the  two  houses  about  the  abdication. 
The  same  person  used  to  talk  very 
highly  of  Garway  also,  and  thought 
them  the  ablest  parliament  men  of 


their  time  ;  and  so  they  have  been 
generally  deemed,  and  were  much 
spoken  of  as  such,  long  after  their 
deaths,  which  happened  not  a  great 
while  after  the  Revolution.  O.  On 
Sacheverel  see  Sir  G.  Sitwell's 
The  First  Whig. 

2  Fifteen  months,  Nov.  22,  1675- 
Feb.  15,  1677.  'Contrarie  to  the 
desire  of  most  and  to  the  expectation 
of  almost  every  man.'  MS.  Diary  of 
Sir  Edward  Dering.  According  to 
the  Kenyon  MSS.,  H.  M.  C.  Rep.  xiv, 
App.  iv.  101,  it  was  believed  that 
Parliament  was  not  intended  to  meet 
again. 


94 


The  History  of  the  Reign 


Chap.  VI.  for  which  no  doubt  he  had  round  sums  of  money  sent 
to  him1. 
March,  aAbout  this  time  Lockhart  the  ambassador  in  France 
died  a.  The  further  he  saw  into  the  designs  of  the  court, 
he  grew  the  more  uneasy  in  the  post  he  was  in,  though  he 
390  acted  in  it  with  great  spirit  and  resolution,  both  with  rela- 
tion to  his  own  master  and  to  the  French  king :  of  which 
I  will  set  down  two  passages,  that  may  be  very  instructive 
to  ambassadors.  In  this  time  of  neutrality  the  French 
privateers  took  many  English  ships,  pretending  they  were 
Dutch,  only  with  English  passes3.  One  of  these  was 
taken  by  a  privateer,  that,  as  was  believed,  Pepys,  then 
secretary  to  the  English  admiralty,  and  in  great  favour 
with  the  duke,  had  built,  and  as  was  said,  out  of  the  king's 

a  This  section,  to  the  name  Moray  on  96,  has  been  added  in  very  pale 
ink  on  the  opposite  blank  page. 


1  Cf.  Dalrymple's  Memoirs,  i.  140, 
ed.  1790.  R.  Cf.  supra  86,  note. 
Danby  and  Lauderdale  who,  with 
the  Duke  of  York,  seem  alone  to 
have  been  consulted,  refused  to  sign 
the  negotiations  for  a  personal  treaty 
between  Charles  and  Louis  XIV  in 
167I  (of  which  of  course  Burnet  was 
ignorant),  as  their  heads  would  not 
be  safe.  Dalrymple,  i.  143  ;  Ranke, 
iv.  24.  Charles  wrote  out  the  pro- 
ject, from  the  draft  prepared  for  him 
by  Ruvigny,  with  his  own  hand, 
and  signed  and  sealed  it  in  Ruvigny's 
presence,  Feb.  27,  1676.  Ruvigny 
states  that  '  the  King  of  England  is 
in  a  manner  abandoned  by  his  minis- 
ters, even  the  most  confidential ; 
the  Treasurer,  who  fears  the  Parlia- 
ment much  more  than  his  master, 
and  who  is  very  opposite  to  the 
interests  of  France  .  .  .  has  formed 
all  the  difficulties  .  .  .  with  a  design 
to  hinder  the  treaty  being  concluded, 
or  at  least  to  retard  it.  The  Duke  of 
Lauderdale  has  supported  his  master, 
having    without    comparison    more 


zeal  and  respect  than  his  colleagues. 
The  Duke  of  York,  who  is  entirely 
in  your  majesty's  interests,  hath 
hardly  troubled  himself  with  these 
difficulties.'  Dalrymple,  i.  145,  and 
Mignet,  Negotiations,  iv.  381-386. 
Lauderdale  alone  was  trusted  in  the 
last  stage  of  the  affair.  It  must  be 
remembered  that  during  all  this  time 
Charles  was  supposed  to  be  mediating 
in  the  war.  See  Marvell,  Growth  of 
Popery,  &c,  318,  for  the  ammunition 
exported  from  England  to  France 
during  this  long  recess. 

2  Lockhart's  embassy  lasted  from 
March,  1673,  to  May,  1675.  H.  M.  C. 
Hep.  iv.  237-242.  He  died  March  20, 
167$.  See  vol.  i.  139.  Upon  the 
episode  of  the  ships  in  the  text, 
see  reference  to  Marvell  in  note  to 
vol.  i.  243,  and  the  Lindsay  MSS., 
H.  M  C.  Rep.  xix,  App.  part  ix,  378. 

8  The  feeling  aroused  in  England 
by  this  was  so  vehement  that  Louis 
was  compelled  to  give  way  unre- 
servedly. The  result  was  the  Treaty 
of  Commerce  of  November,  1676. 


of  King  Charles  II.  95 

stores.  The  merchants  proved  in  council,  that  the  ship  Chap.  vi. 
was  English.  So  Lockhart  had  an  order  to  demand  her : 
and  he  pressed  it  so  effectually,  that  an  order  was  sent 
from  the  court  of  France  to  discharge  her.  But  before 
that  was  executed,  the  king  was  prevailed  on  by  Pepys, 
as  was  said,  to  tell  the  French  ambassador,  that  he  did  not 
concern  himself  in  that  ship :  he  believed  merchants  were 
rogues,  and  could  bring  witnesses  to  prove  whatsoever  they 
hand  a  mind  to  :  so  the  court  of  France  might  do  what 
they  pleased,  for  him,  in  that  matter.  This  was  writ  to 
Versailles  a  day  or  two  after  the  former  order  was  sent ; 
but  upon  it  a  new  one  went  to  Dunkirk,  where  the  ship 
lay,  to  stop  her.  This  came  before  she  could  get  out.  So 
Lockhart,  being  informed  of  that,  went  to  court,  and  com- 
plained heavily.  He  was  told  what  the  king  himself  had 
said  about  it.  He  answered  resolutely,  that  the  king  spoke 
to  them  only  by  him.  Yet  he  wrote  upon  this  to  the  court 
of  England,  desiring  to  be  recalled,  since  he  could  serve  no 
longer  with  honour,  after  he  had  been  so  disowned.  Upon 
this  the  king  wrote  him  a  letter  with  his  own  pen,  excusing 
the  matter  the  best  he  could,  and  justified  him  in  what  he 
had  done.  And  upon  that  secret  orders  were  sent,  and  the 
ship  was  discharged.  The  other  was  a  higher  point,  con- 
sidering the  bigotry  of  the  king  of  France.  Lockhart  had 
a  French  popish  servant,  who  was  dying,  and  sent  for  the 
sacrament:  upon  which  it  was  brought  with  the  procession 
ordinary  in  such  cases.  Lockhart,  hearing  of  this,  ordered 
his  gates  to  be  shut :  and  upon  that  many  were  inflamed 
at  this,  and  were  running  to  force  his  gates  ;  but  he  ordered 
all  his  family  to  stand  to  their  arms,  and  if  any  force  was 
offered,  to  fire.  There  was  great  noise  made  of  this.  But 
no  force  was  offered.  He  resolved  to  complain  first,  and 
so  went  to  court,  and  expostulated  upon  it.  He  said  his 
house  was  his  master's  house :  and  here  a  public  triumph 
was  attempted  on  his  master's  religion,  and  affronts  offered 
him.  He  said  if  a  priest  had  brought  the  sacrament  pri- 
vately, he  would  have  connived  at  it ;  but  he  asked  repara- 


96  The  History  of  the  Reign 

Chap.  VI.  tion  for  so  public  an  injury.  The  king  of  France  seemed 
to  be  highly  displeased  at  this,  calling  it  the  greatest 
indignity  that  had  ever  been  done  his  God  during  his 
reign  :  yet  the  point  did  not  bear  arguing :  so  he  said 
nothing  to  that.  When  Lockhart  went  from  him,  Pom- 
391  ponne  followed  him,  sent  after  him  from  the  king,  and  told 
him  he  would  force  the  king  to  suffer  none  of  his  subjects 
to  serve  him.  He  answered,  he  would  order  his  coachman 
to  drive  the  quicker  to  Paris,  to  prevent  that ;  and  left 
Pomponne  to  guess  his  meaning.  As  soon  as  he  came  to 
his  house,  he  ordered  all  his  French  servants  to  be  imme- 
diately paid  off  and  dismissed.  The  court  of  England  was 
forced  to  justify  him  in  all  this  matter :  a  public  letter  of 
thanks  was  writ  to  him  upon  it :  and  the  court  of  France 
thought  it  fit  to  digest  it.  But  the  French  king  looked  on 
him  ever  after  with  great  coldness,  if  not  with  aversion. 
Soon  after  that,  he  fell  into  a  languishing,  which  after  some 
months  carried  him  off.  I  have  ever  looked  on  him  as  the 
greatest  man  that  his  country  produced  in  this  age,  next  to 
Sir  Robert  Moray. 

The  earl  of  Danby  began  now  to  talk  against  the  French 
interest  with  open  mouth  1.  Ruvigny  stayed  but  two  years 
in  England  :  for  though  he  served  his  master's  interests 
but  too  well,  yet  the  popish  party  could  not  bear  the  want 
of  a  chapel  in  the  French  ambassador's  house.  So  he  was 
April,  recalled,  and  Courtin2  was  sent  in  his  room.  Before  he 
1  7  '  parted,  he  talked  roundly  with  lord  Danby.  He  said,  he 
saw  he  was  going  into  popular  interests  against  those 
of  his  master's  honour,  who,  having  engaged  the  king  of 

1  In   1679  Danby  wrote:    'Who  bribery, were  given  him  on  April  15, 

was  there  but  myself  to  hinder  that  1676.     Mignet,  Negotiations,  iv.  406. 

all  things  did  not  go  into  the  French  He  was  succeeded  by  Paul  Barillon 

interest?'     Lindsay  MSS.  H.  M.  C.  d'Amoncourt,  Marquis  de  Branges. 

Rep.  xiv,  App.  ix.  408  ;  infra  127,  Id.  501.     For  the   reasons  for  the 

note.  change  see  Mignet  and  the  Lindsay 

1  Honore    Courtin,    seigneur    de  MSS.  382,  385.     See  the  sketches  of 

Chanteraine,  born  1622,  died  1703.  Courtin  and   Barillon  in  Forneron, 

His  mission  lasted  to  Sept.  1,  1677.  Louise  de  Keroualle,  108,  148. 
His   instructions,  with  ,£80,000  for 


of  King  Charles  II.  97 

France  in  the  war,  and  being  forced  to  leave  him  to  fight  Chap.  VI. 
it  out  alone,  ought  not  to  turn  against  him  ;  especially 
since  the  king  of  France  referred  every  thing  to  him  as 
the  arbiter  and  mediator  of  the  peace.  He  remembered 
him  of  the  old  duke  of  Buckingham's  fate,  who  thought  to 
become  popular  by  breaking  the  Spanish  match,  and  it 
was  his  ruin.  He  said  the  king  of  France  was  the  king's 
best  friend  and  truest  ally  :  and  if  he  made  the  king  for- 
sake him,  and  depend  on  his  parliament,  being  so  tempered 
as  they  then  were,  both  the  king  and  he  might  come  to 
repent  it.  when  it  was  too  late-  I  had  all  this  from  himself. 
To  this  lord  Danby  replied,  that  he  spoke  as  a  faithful 
servant  to  his  own  master,  and  that  he  himself  would  act 
as  a  faithful  servant  to  his  master.  Courtin  spoke  a  great 
deal  to  me  to  the  same  purpose,  in  the  prince  of  Conde's 
presence,  when  I  had  the  honour  to  wait  on  him.  He  told 
me  there  was  a  strange  reverse  in  things  :  lord  Danby  was 
at  that  time  suffering  for  being  in  the  French  interest,  and 
lord  Montagu l  was  popular  as  being  against  it  :  whereas, 
to  his  knowledge,  during  his  employment  in  England,  lord 
Danby  was  an  enemy  to  their  interest  as  much  as  lord 
Montagu  was  for  it.  I  can  say  nothing  as  to  one  point, 
whether  any  great  sums  came  over  from  France  all  this 
while,  or  not.     Some  watched  the  rising  and  falling  of  the 

1  Ralph   Montagu,  second  son  of  Lindsay  MSS.  399  ;    was  struck  off 

Edward,   second    Lord    Montagu    of  the  Privy  Council,  and  replaced  in 

Broughton,   was    appointed    ambas-  his  embassy  by  Sunderland.      He  did 

sador  extraordinary  to  Louis    XIV  not   succeed   to  the  title  till  1683  ; 

on  Jan.  1,  16^,  and  again  in   Sept.  was  created  an  earl  in  1689  b}'  Wil- 

1671.      H.  M.  C.  Rep.  v,  App    316;  liam  III,  and  duke  in  1705  by  Queen 

Arlington's  Letters  to   Temple,   393  ;  Anne,    through  the  favour  of  Marl- 

vol.    i.    399,    note.       He    was    am-  borough, whose  daughter  his  son  John 

bitious    of    becoming    Secretary    of  had  married.      He  died  in  1708.     He 

State,    and  had   agreed    to   buy  the  erected  Montagu  House,  afterwards 

office    from     Henry    Coventry    for  the    British    Museum.     His     sister, 

£ro,ooo,      but      was      disappointed  Mrs.    Harvey,    a    woman    of    much 

through   Danby's  influence.      Letters  capacity  for  intrigue,  was  the  medium 

to  and from  the  Earl  of  Danby  (1710).  through    whom     Barillon    in     1680 

In     1678    he    quarrelled    with    the  bribed  members  of  Parliament.    For- 

Duchess     of  Cleveland,    infra    151,  neron,  Louise  de  Keroualle,  191. 

VOL.  II.  H 


98  The  History  of  the  Reign 

Chap.  VI.  exchange,  by  which  men  skilful  in  those  matters  can  judge, 
when  any  great  sum  passes  from  one  kingdom  to  another, 
either  in  specie  or  by  bill  :  but  they  could  never  find  out 
any  thing  to  make  them  conclude  it  was  done.  Lord 
Montagu  told  me  he  tried  often  to  get  into  that  secret, 
392  but  in  vain  :  he  often  said  to  the  king,  that,  if  he  would 
trust  him,  he  could  make  better  bargains  for  him  than 
others  had  made.  But  the  king  never  answered  him 
a  word  on  that  head  :  and  he  believed  that  what  sums 
soever  came  over,  they  were  only  to  the  duchess  of  Ports- 
mouth, or  to  the  king's  privy  purse ;  and  that  the  French 
ambassador  had  the  only  managing  of  that  matter,  the 
king  perhaps  not  being  willing  to  trust  any  of  his  own 
subjects  with  so  important  and  so  dangerous  a  secret.  In 
all  companies  the  earl  of  Danby  was  declaring  openly 
against  France  and  popery ;  and  the  see  of  London  falling 
then  void  by  Henchman's  death,  he  brought  Compton, 
brother  to  the  earl  of  Northampton,  to  succeed  him.  He 
was  made  bishop  of  Oxford,  upon  Crewe's 1  being  promoted 
to  Durham,  who,  bating  the  dignity  of  being  born  of  a 
noble  though  puritan  family,  had  not  any  one  quality  to 
recommend  him  to  so  great  a  post,  unless  obedience  and 

MS.  198.  compliance  |  could  supply  all  other  defects.  He  has  neither 
learning  nor  good   sense,  and  is  no  preacher a.     He  was 

*  ,  and  has  not  any  one  thing  to  commend  him,  struck  out. 


1  Nathaniel  Crewe,  third  Baron  tion  of  the  deanery  of  the  Chapel 
Crewe  of  Stene,  born  1633,  died  Royal,  Crewe  succeeded  him  ;  was 
1722.  His  father  was  made  a  peer  a  member  of  the  Ecclesiastical  Com- 
at  the  Restoration.  He  took  orders  in  mission  in  1686,  and,  when  Compton 
1664,  was  Rector  of  Lincoln  College  was  suspended,  administered  his 
in  1668,  and  Bishop  of  Oxford  in  diocese  along  with  Sprat,  Bishop  of 
1671.  He  was  an  especial  favourite  of  Rochester.  At  the  Revolution  he 
James.  In  1674  he  was  translated  made  his  peace  with  William,  and 
to  Durham,  and  in  1676  was  placed  enjoyed  his  bishopric  with  its  vast 
on  the  Privy  Council.  He  supported  revenues  to  his  death.  The  re- 
James  in  his  indulgence  policy,  and  deeming  point  in  his  character 
ordered  the  clergy  of  his  diocese  to  was  his  liberality.  See  Memoirs  of 
read  the  Declaration.  Upon  the  Nathaniel,  Lord  Crewe,  ed.  by  Andrew 
disgrace  of  Compton  and  his  depriva-  Clark,  Camden  Miscell.  vol.  ix. 


of  King  Charles  II.  99 

a  fawning  abject  slave  to  the  court ;  and  thus  he  was  raised,  Chap.  VI. 
and  has  been  now  for  above  thirty  years  possessed  of  the 
greatest  dignity  in  this  church  *. 

Compton2  was  a  man  of  much  better  form.  He  carried 
arms  for  some  years.  When  he  was  past  thirty,  he  took 
orders,  and  after  some  years  was  made  bishop  of  Oxford, 
and  was  now  removed  to  London.  He  was  an  humble 
and  modest  man :  he  applied  himself  more  to  his  function 
than  bishops  had  commonly  done.  He  went  much  about 
his  diocese,  and  preached  and  confirmed  in  many  places. 
His  preaching  was  a  without  much  life  or  learning  :  for  he 
had  not  gone  through  his  studies  with  the  exactness  that 
was  fitting  b  ;  and  he  was  not  ready  in  his  expression.  He 
was  a  great  patron  of  the  converts  from  popery,  and  of 
those  Huguenots  whom  the  bad  usage  they  were  beginning 
to  meet  with  in  France  drove  over  to  us  :  and  by  these 
means  he  came  to  have  a  great  reputation 3.  He  was 
always  making  complaints  to  the  king,  and  often  in 
council,  of  the  insolence  of  the  papists,  and  of  Coleman's 
in  particular  4,  so  that  the  king  ordered  the  duke  to  dismiss 

a  but  cold  and,  struck  out.  b  substituted  for  requisite. 


1  See  infra  f.  822.     R.  foreign   Protestants  to  Compton    in 

2  Henry  Compton.  born  1652,  died  the     Bodleian.       Raivlinson    MSS. 
1713.  Hewas  the  sixth  and  youngest  c.  982. 

son    of    Spencer    Compton,    second  4  Mrs.      Cornwallis,      a      Roman 

Earl  of  Northampton.     He  appears  Catholic,  was  in  great  favour  with 

to   have   served  in   the   Civil  Wars,  the  princess  Anne,  and  had  introduced 

and    under    the    Duke    of    York    in  her     friend    Mrs.    Churchill,    since 

Flanders.     At    the    Restoration    he  Duchess  of  Marlborough,  who  soon 

received   a    cornet's   commission    in  found,  if  she  could  get  rid  of  her  in- 

the   Royal   Horse  Guards,  but  went  troductress,    she    should    have    the 

to   Cambridge    and   took   his    M.A.  entire   confidence   to   herself,     and 

degree    in    1661.     In    1666    he    mi-  Bishop  Compton  was  made  use  of, 

grated    to    Christ    Church  ;    became  to  take  notice  at  the  council  of  the 

Bishop  of  Oxford  in  1674 ;  dean  of  dangerous      consequence      such      a 

the    Chapel    Royal     in     1675,    and  woman's  being   about   the  princess 

Bishop  of  London  in  the  same  year.  might  have;  upon  which  Mrs.  Corn- 

His     preferment     was     apparently  wallis  was  ordered  never  to  come 

owing  to  the  friendship  of  Danby.  into  her  presence  more.     D. 

3  There  is  a  volume  of  letters  from 

H  1 


ioo  The  History  of  the  Reign 

Chap.  VI.  Coleman  out  of  his  service  ;  yet  he  continued  still  in  his 
confidence.  But  with  these  good  qualities  Compton  was 
a  weak  man  a,  both  wilful  and  strangely  wedded  to  a  party  l. 
He  was  as  a  property  to  lord  Danby,  and  was  turned  by 
him  as  he  pleased.  The  duke  hated  him  ;  but  lord  Danby 
persuaded  both  the  king  and  him,  that,  as  his  heat  did  no 
great  hurt  to  any  person,  so  the  giving  way  to  it  helped 
to  lay  the  jealousies  of  the  church  party.  About  a  year 
after  that,  Sheldon  dying,  Compton  was  made  believe  that 
lord  Danby  had  tried  with  all  his  strength  to  promote  him 
to  Canterbury,  though  that  was  never  once  intended. 
There  were  none  of  the  order,  that  were  in  any  sort  fitted 
to  fill  that  see,  whom  the  court  could  trust. 

Dec.  1677.  Sancroft,  dean  of  St.  Paul's,  was  raised  to  it 2.  He  was 
a  man  of  a  solemn  deportment,  had  a  sullen  gravity  in  his 
looks,  and  was  considerably  learned.  He  had  put  on 
a  monastic  strictness,  and  lived  abstracted  from  much 
company.  These  things,  together  with  his  living  un- 
married, and  his  being  fixed  in  the  old  maxims  of  high 
loyalty,  and  a  superstitious  valuing  little  things,  made  the 
court  conclude  that  he  was  a  man  who  might b  be  entirely 
gained  to  serve  all  their  ends,  or,  at  least,  that  he  would 
be  an  unactive  speculative  man,  and  give  them  little  oppo- 
sition in  any  thing  that  they  might  attempt,  when  they 
had  more  promising  opportunities.  And  in  this  their 
393  hopes  did  not  fail  them.  He  was  a  dry,  cold  man,  re- 
served and  peevish ;  so  that  none  loved  him,  and  few 
esteemed  him 3 :  yet  the  high  church  party  were  well 
pleased  with  his  promotion. 

a  originally  very  weak  and  heavy.  b  either  struck  out. 


1  He  means,  to  the  Church.     S.  i66£.     Sancroft  was   succeeded    in 

'-'  See      Salmon's     Lives     of     the  the  deanery  by  Stillingfleet. 

Bishops,  748.     '  So  excellent  a  choice  3  False  and  detracting.     S.     But 

that  I  know  none  but  do  congratulate  compare  this  with  the  character  of 

it  except  such  bishops  as  were  per-  this    archbishop,    in     the     author's 

haps  in  expectancy.'   Marvell,  Jan.  1,  second    volume    of   the   History   of 


of  King  Charles  II.  101 

As  lord  Danby  thus  raised  his  creatures  in  the  church,  Chap.  VI. 
so  he  got  all  men  turned  out  of  their  places  that  did  not 
entirely  depend  on  him :  and  he  went  on  in  his  credit  with 
the  king,  still  assuring  him  that  if  he  would  leave  things 
to  his  conduct,  he  would  certainly  bring  about  the  whole 
cavalier  party  again  to  him  l.  And  such  was  the  corrup- 
tion and  poverty  of  that  party,  that  had  it  not  been  that 
French  and  popish  counsels  were  so  visible  in  the  whole 
course  of  our  affairs,  he  had  very  probably  brought  them 
over  to  have  raised  the  king's  power,  and  ato  have8,  extir- 
pated the  dissenters,  and  have  brought  things  very  near  to 
the  state  they  were  in  in  king  Charles  I.'s  time,  before 
the  war. 

All  this  while  the  papists  were  not  idle  2.  They  tried 
their  strength  with  the  king  to  get  the  parliament  dissolved  : 
in  which  their  hopes  carried  them  so  far,  that  Coleman 
drew  a  declaration  for  justifying  it.  Their  design  in  this 
was,  once  to  divide  the  king  and  his  people :  for  they 
reckoned  he  would  never  get  another  parliament  that 
would   be   so   easy  to  him  as   this  was ;  for   how  angry 

a  struck  out. 


the  Reformation,  379.  O.  See  a  276,  calls  him  '  a  clownish  odd 
different  account  of  this  archbishop  fellow ' ;  pretty  much  his  own  cha- 
in Mr.  Nelson's  Life  of  Bishop  Bull,  racter.  But  see  more  concerning 
Bishop  of  St.  David's.  Vide  notes,  this  learned  and  conscientious  pre- 
p.  1.  Cole.  Dr.  D'Oyley,  in  his  late  at  f.  676  and  ff.  802,  810  of  this 
life  of  the  archbishop  lately  pub-  History,  f.  ed.  R. 
lished,  well  observes,  '  that  the  l  '  Treasurer  layes  about  him 
government  of  the  Church  could  not  and  provides  for  his  family.'  Wil- 
have  been  entrusted  to  one  more  Ham  Harbord  to  the  Earl  of  Essex, 
firm  and  temperate  in  the  exercise  Essex  Papers,  i.  258.  The  marriages 
of  his  authority,  more  watchful  over  of  his  family  and  the  strength  he 
its  general  interests,  or  more  intrepid  thereby  acquired  caused  him  to  be 
in  the  defence  of  its  rights  and  privi-  compared  to  the  House  of  Austria, 
leges  at  the  hour  of  peril.'  i.  153.  Verney  MSS.,  Dec.  24,  1674. 
Anthony  Wood,  who,  in  his  Athenae  2  See  the  return  to  the  House  of 
Oxon.,  praises  Sancroft  for  his  un-  Lords  of  all  conventicles  and  Papist 
exceptionable  conduct,  prudence,  congregations  in  London  and  West- 
and  moderation,  whilst  he  sat  in  the  minster  in  H.  M.  C.  Rep.  xii,  App. 
chair  of  Canterbury,  yet  in  his  Diary,  vii.  25. 


102  The  History  of  the  Reign 

Chap.  VI.  soever  this  was  at  him,  and  he  sometimes  at  them1,  yet 
they  2  saw  a  severe  act  against  popery,  or  some  steps  made 
against  France,  would  dispose  them  3  to  forget  all  former 
quarrels,  and  to  give  money;  and  as  the  king  always 
wanted  that,  and  loved  to  be  easy,  so  the  prospect  of  it 
was  ever  in  his  view.  They  feared  that  at  some  time  or 
other   this    might    make   him   both   sacrifice  popery  and 

MS.  199.  forsake  France  :  so  they  took  all  possible  methods  |  to 
engage  the  king  to  a  more  entire  dependence  on  France, 
and  to  a  distrust  of  his  own  people.  They  were  labouring 
for  a  general  peace  in  all  courts  where  they  had  any 
interest.  The  prince  of  Orange's  obstinacy  was  the  common 
subject  of  their  complaints.  Lord  Shaftesbury  tried,  upon 
the  duke's  concurring  in  the  vote  for  an  address  to  have 
the  parliament  dissolved,  if  he  could  separate  him  from  the 
earl  of  Danby,  and  sent  a  message  to  him  by  the  lord 
Stafford,  that  his  voting  as  he  did  in  that  matter  had 
gained  much  on  many  who  were  formerly  his  enemies. 
He  wished  he  would  use  his  interest  with  the  king 
to  get  that  brought  about,  and  he  durst  undertake  a 
new  parliament  would  be  more  inclinable  to  grant  the 
papists  a  toleration  than  they  would  ever  find  this  would 
prove. 

But  the  duke  and  lord  Danby  were  too  firmly  united 
to  be  easily  divided  :  for  whatever  lord  Danby  gave  out, 
he  made  the  duke  believe  was  all  intended,  and  would 
really  turn  to  his  service.  Coleman  was  very  busy  in 
writing  many  letters  to  all  places,  but  chiefly  to  the  court 
of  France.  He  was  in  all  his  despatches  setting  forth  the 
394  good  state  of  the  duke's  affairs,  and  the  great  strength  he 
was  daily  gaining.  He  was  either  very  sanguine,  if  he 
believed  this  himself,  or  very  bold  in  offering  to  impose  it 
so  positively  on  others  ;  but  he  was  always  full  of  assurances 
that  if  a  peace  could  be  brought  about,  so  that  the  king  of 
France  was  set  at  liberty  to  assist  them  with  his  purse  and 
his  force,  they  were  never  in  such  hopes  of  succeeding  in 

1  The  Parliament.  a  The  Papists.  3  The  Parliament. 


of  King  Charles  II.  103 

the  great  design  of  rooting  out  this  pestilent  heresy,  that  Chap.  vr. 
had  so  long  overrun  these  northern  kingdoms,  as  now. 
He  had  a  friend,  one  sir  William  Throgmorton,  of  whom 
he  intended  to  make  great  use.  He  and  his  wife  had  pre- 
vailed with  him  and  his  lady  to  change  their  religion,  and 
so  he  sent  them  over  to  France,  recommending  him  to 
the  king's  confessor,  F.  Ferrier,  as  a  man  that  might  do 
them  great  service,  if  he  could  be  made  one  of  theirs.  So 
Ferrier,  looking  on  him  as  a  man  of  importance,  applied 
himself  to  turn  a  him,  which  was  soon  done  ;  and  the  con- 
fessor, to  raise  the  value  of  his  convert,  spoke  of  him  to  the 
king  in  such  a  strain  that  he  was  much  considered.  When 
his  lady  abjured,  the  duke  of  Orleans  led  her  up  to  the 
altar.  He  took  great  state  on  him,  and  soon  spent  all  he 
had.  He  was  a  busy  man  between  the  two  courts  ;  but 
before  he  got  into  any  considerable  post,  Ferrier  died  : 
and  the  new  confessor  x  did  not  take  such  care  of  him  as 
his  predecessor  had  done.  So  he  was  forced  to  quit  his 
high  living,  and  retire  to  a  private  house,  and  he  sent  his 
lady  to  a  monastery;  yet  he  continued  still  to  be  Cole- 
man's agent  and  correspondent 2.  He  went  often  to  see  an 
English  lady,  that  was  of  their  religion,  lady  Brown ;  and 
being  one  day  with  her,  he  received  a  deep  wound  by 
a  knife,  struck  into  his  thigh,  that  pierced  the  great  artery. 
Whether  the  lady  did  it  to  defend  herself,  or  he  to  shew 
the  violence  of  his  passion,  was  not  known.  It  was  not 
possible  to  stop  the  wound  ;  yet  the  lady  would  have  him 
carried  out  of  her  house.  He  died  in  the  house  of  one 
Hollman,  an  eminent  man  of  their  religion,  then  at  Paris. 
The  whole  matter  was  carried  off  in  such  secrecy,  that 
Lockhart,  then  at  Paris,  could  never  penetrate  farther  into 
it ;  for  I  had  this  from  his  lady  after  his  death.  I  love  not 
to  make  judgments  upon  extraordinary  events  ;  but  this 
man's  fate,  and  Coleman's,  together  with  his  wife's,  who 

a  substituted  for  convert. 


1  Pere  la  Chaise,  supra  52.  morton  in    the    Fitzherbert   papers, 

2  See  Coleman's  letter  to  Throg-       H.  M.  C.  Rep.  xiii,  Part  vi.  49,  &c. 


104  The  History  of  the  Reign 

Chap.  VI.  cut  her  own  throat,  and  had  a  large  share  in  all  he  did, 
were  no  usual  things. 

Coleman  quickly  found  out  another  correspondent,  that 
was  more  useful  to  him  than  he  whom  he  lost  could  ever 
have  been.     F.  St.  Germain,  a  Jesuit,  was  sent  over  with 
the  duchess,  and  passed  for  her  confessor,  though  I  have 
been  assured  that  was  a  mistake.     He  had  all  the  heat  of 
his  order  in  him,  and  was  apt  to  talk  very  boldly;  for  I  was 
sometimes  in  company  with  him.     He  was  complained  of 
in  council  by  the  bishop  of  London  for  some  practices  on 
one  that  was  come  over  a  convert,  whom  he  was  between 
threatening  and  persuasion  working   on   in    order  to  the 
sending  hima  back,  that   came   to   be   discovered,   upon 
which  he  fled ;  and  on  him  Coleman  fixed  for  his  chief 
correspondent.     Howard  was  about  this  time  by  Altieri's 
395  means  promoted  to  be  a  cardinal ;  and  upon  that  the  king 
and  duke  sent  compliments  to  Rome.    This  opened  a  nego- 
tiation with  that  court,  that  was  put  in  the  hands  of  the 
internuncio  at  Brussels.     So  it  was  proposed  that  a  sum  of 
money  should  be  given  the  king,  if  in  return  of  that  some 
suitable  favours  for  those  of  their  religion  could  be  obtained. 
Coleman  was  sent  over  to  Brussels  to  treat  about  it  by  the 
duke,  none  being  in  the  secret  but  the  lord  Arundel ;  but, 
as  he  understood  it,  the  king  himself  knew  of  it.     When 
he   came,   he  found   the   sum   offered  was  so  small,  and 
the  conditions  demanded  were  so  high,  that  he  made  no 
progress  in  the  negotiation.     Whatsoever  Coleman  did  in 
the  main  business,  he  took  good  care  of  himself l.     All  his 

a  him,  struck  out. 


1  See  the  reports  of  his  examina-  hundred   pounds   from    the    French 

tion  before  the   Commons,  Oct.  30  ambassador   to    distribute    amongst 

and  Nov.  8,   1678.    Hallam,  ii.  406  members   of  Parliament,    and   your 

(sm.  ed.).     As  to  whether  he  appro-  committee    prudently   did   not   take 

priated  the  money  or  distributed  it,  any  names  from  him,  it  being  in  his 

see    Harbord's  speech  of  Dec.    14,  power  to  asperse  whom  he  pleased, 

1680,  quoted  in  Sir  G.  Sitwell's  First  possibly  some  gentlemen  against  the 

Whig  25,  note.    Coleman,  he  said,  French  and  Popish  interest.' 
confessed  '  that  he  had  twenty-five 


of  King  Charles  II.  105 

letters  were  full  of  their  being  able  to  do  nothing  for  want  Chap.VI. 
of  money;  and  he  made  the  French  ambassador  believe 
he  could  do  his  master  great  service  if  he  was  well  sup- 
plied. I  He  got  once  2500  guineas  from  him,  to  gain  his  MS.  200. 
master  some  friends  :  but  he  applied  it  all  to  furnish  out 
his  own  expense.  He  was  at  that  time  so  lifted  up,  that 
he  had  a  mind  to  pass  for  the  head  of  the  party.  Of  this 
I  will  give  one  instance,  in  which  I  my  self  had  a  share. 

Sir  Philip  Tyrrwhit,  a  papist,  had  married  a  zealous 
protestant,  who  suspecting  his  religion,  charged  him  with 
it,  but  he  denied  it  before  her  marriage ;  and  carried  that 
so  far,  that  he  received  the  sacrament  with  her  in  our 
church.  After  they  were  married,  she  found  that  he  had 
deceived  her ;  and  they  lived  untowardly  together.  At 
this  time  some  scruples  were  put  in  her  head,  with  which 
she  acquainted  me  ;  and  seemed  fully  satisfied  with  the 
answers  that  I  gave  her.  She  came  afterwards  to  me,  and 
desired  I  would  come  to  her  house,  and  talk  of  all  those 
matters  with  some  that  her  husband  would  bring  to  meet 
us.  I  told  her  I  would  not  decline  the  thing  if  desired, 
though  I  seldom  knew  any  good  come  of  such  conferences. 
She  made  the  same  proposition  to  Dr.  Stillingfleet,  and  he 
gave  the  same  answer.  So  a  day  was  set,  and  we  went 
thither,  and  found  ten  or  twelve  persons  there,  who  were 
not  known  to  us.  We  were  scarce  set  down,  when  Coleman 
came  in,  who  took  the  whole  debate  upon  him.  I  writ 
down  a  very  exact  account  of  all  that  passed,  and  sent  it 
to  them,  and  had  their  additions  to  it:  and  I  printed  it1. 
The  thing  made  a  great  noise,  and  was  a  new  indication  of 
Coleman's  arrogance.  Soon  after  that,  the  lady,  who  con- 
tinued firm  upon  this  conference,  was  possessed  with  new 
scruples  about  the  validity  of  our  ordinations.  I  got  from 
her  the  paper  that  was  put  in  her  hands,  and  answered  it : 
and  she  seemed    satisfied  with  that  likewise.     But  after- 

1  A  relation  of  a  conference  held  and  Gilbert  Burnet,  and  some  gentle- 
about  religion  at  London,  3  April,  men  of  the  Church  of  Rome.  8vo.  1676, 
1676,  by  Edward  Stillingfleet,  D.D.,       reprinted  1687. 


106  The  History  of  the  Reign 

Chap.  VI.  wards  the  uneasiness  of  her  life  prevailed  more  on  her  than 
her  scruples  did,  and  she  changed  her  religion. 
1676.  Some  time  after  that,  I  printed  the  Memoirs  of  the  dukes 

of  Hamilton,  which  were  favourably  received.  The  reading 
396  of  these  got  me  the  acquaintance  and  friendship  of  sir 
William  Jones,  then  attorney  general.  He  was  raised  to 
that  high  post  merely  by  merit,  and  by  his  being  thought 
the  greatest  man  of  the  law :  for  as  he  was  no  flatterer, 
but  a  man  of  a  morose  temper,  so  he  was  against  all  the 
measures  that  they  took  at  court.  They  were  weary  of  him, 
and  were  raising  sir  John  King 1  to  vie  with  him  :  but  he 
died  in  his  rise,  which  indeed  went  on  very  quick.  Jones 
was  an  honest  and  wise  man.  He  had  a  roughness  in  his ' 
deportment  that  was  very  disagreeable  :  but  he  was  a  good- 
natured  man  at  bottom,  and  a  faithful  friend  2.  He  grew 
weary  of  his  employment,  and  laid  it  down:  and  though 
the  great  seal  was  offered  him,  he  would  not  accept  of  it, 
nor  return  to  business.  The  quickness  of  his  thoughts 
carried  his  views  far :  and  the  sourness  of  his  temper  made 
him  too  apt  both  to  suspect  and  to  despise  most  of  those 
that  came  to  him.  My  way  of  writing  history  made  him 
think  I  was  cut  out  for  it :  and  so  he  pressed  me  to  under- 
take the  history  of  England.     But  Sanders's  book  3,  that 

1  Born  1639;  knighted  1674;  OrigineacProgressuSchismatisAngli- 
died  1677.  See  his  Life,  by  his  father  cam',  published  1585,  and  translated 
John  King,  printed  1855 ;  and  into  French  by  Maucroix  in  1676. 
North's  Life  of  the  Lord  Keeper  In  the  Introduction  to  vol.  iii.  of 
Guilford,  sect.  411.  the  History  of  the  Reformation  (1714), 

2  This  is  confirmed  by  Temple,  6,  Burnet  writes :  '  When  Saun- 
Works,  ii.  565.  But  Roger  North,  in  ders's  History  was  published  in 
his  Life  of  the  Lord  Keeper  Guilford,  France  .  .  .  those  to  whom  these 
69,  ed.  1890,  gives  a  very  different  advices  were  sent  thought  me  a 
account.  He  speaks  of  his  '  immense  proper  person  to  be  engaged  in 
conceit  of  himself  and  of  his  own  answering  it.'  The  Bishop  of  Wor- 
worth,'  and  of  his  'disaffection  to  cester  took  him  to  Sir  J.  Cotton's 
the  crown  and  monarchy  of  England.'  library, '  but  a  great  prelate  had  been 
But  for  these  he  would  have  been  beforehand  with  us.  .  .  .'  Cotton 
1  deservedly  a  famous  professor  of  refused  to  admit  him  without  a  re- 
the  law.'  commendation  from  the  Archbishop 

3  Nicholas  Sanders,  1530-1581,/)^  of  Canterbury  and  the  Secretary  of 


of  King  Charles  II.  107 

was  then  translated  into  French,  and  cried  up  much  in  Chap.  VI. 
France,  made  all  my  friends  conclude  I  was  athe  fittest 
man  a  to  answer  it,  by  writing  the  History  of  the  Reforma- 
tion. So  now  all  my  thoughts  were  turned  that  way. 
I  laid  out  for  MSS.  and  searched  into  all  the  offices.  I  got 
for  some  days  into  the  Cotton  library,  but  duke  Lauderdale, 
hearing  of  my  design,  and  apprehending  it  might  succeed 
in  my  hands,  got  Dolben,  bishop  of  Rochester,  to  divert 
sir  John  Cotton  from  suffering  me  to  search  into  his 
library.  He  told  him  I  was  a  great  enemy  to  the  preroga- 
tive, to  which  Cotton  was  devoted  even  to  slavery 1  :  so  he 
said,  I  would  certainly  make  an  ill  use  of  all  I  found.  This 
wrought  so  much  on  him,  that  I  was  no  more  admitted, 
till  my  first  volume  was  published  ;  and  then  when  he  saw 
how  I  had  composed  it,  he  gave  me  free  access  to  it. 

At  this  time  the  earl  of  Essex  was  brought  over  from 
being  lord  lieutenant  of  Ireland,  whose  friendship  to  me  was 
afterwards  such,  that  I  think  my  self  obliged  to  stop  and 
give  some  account  of  him  2.     He  was  the  lord  Capel's  son. 

"  the  fittest  man  struck  out,  and  a  proper  person  to  be  employed  substituted. 


State.  Finally  he  was  introduced  just  or  oppressive,  and  to  exercise 
by  Sir  J.  Marsham ;  he  then  worked  the  supreme  authority  in  all  cases 
from  morning  to  night  for  ten  days,  where  the  law  has  not  directed  or 
until  Cotton  found  him  there.  t  limited  the  execution.  But  which 
1  The  word  prerogative  has  been  way  Sir  John  Cotton, who  was  a  very 
much  used  though  seldom  under-  worthyhonest  gentleman,  that  under- 
stood, and  as  little  by  the  bishop  as  stood  and  loved  the  constitution  of 
any.  The  notion  the  greatest  men  his  country,  could  be  devoted,  even 
of  our  law  have  had  of  it,  has  been,  to  slavery,  to  the  prerogative,  the. 
that  it  is  a  power  lodged  in  the.  bishop  would  have  done  well  to  have 
crown  for  which  there  is  no  law,  but  produced  some  better  proof  for,  than 
not  repugnant  to  any  law.  The  his  own  saying  so.  But  I  believe 
meaning  is,  the  execution  of  the  law.  nobody  will  wonder  at  his  being 
being  vested  in  the  king,  and  it  cautious  how  he  trusted  a  Scoteh 
being  impossible  the  legislature  divine  in  searching  for  English 
should  foresee  all  cases  that  may  records,  though  neither  Bishop 
happen,  have  left  a  power  with  the  Dolben  nor  Duke  Lauderdale  had 
chief  magistrate  to  use  his  discretion  interposed.     D. 

upon  extraordinary  occasions,  where  '2  The  character  given  by  Burnet 

the  rigour  of  the  law  may  prove  un-  of  Essex  is  fully  borne  out  by  the 


io8  The  History  of  the  Reign 

Chap.  VI.  His  education  was  neglected  by  reason  of  the  wars,  but 
when  he  was  at  man's  age  he  made  himself  a  master  of  the 
Latin  tongue,  and  made  a  great  progress  in  mathematics, 
and  in  all  the  other  parts  of  learning.  He  knew  our  law 
and  constitution  well,  and  was  a  very  thoughtful  man.  He 
began  soon  to  appear  against  the  court.  The  king  imputed 
it  to  his  resentments :  so  he  resolved  to  make  use  of  him. 
1670.  He  sent  him  ambassador  to  Denmark,  where  his  behaviour 
in  the  affair  of  the  flag  gained  him  much  reputation  :  though 

MS.  201.  he  said  to  me  there  was  not  much  in  it.  |  That  king  had 
ordered  the  governor  of  Kronenburg  to  make  all  ships 
that  passed  strike  to  him.  So  when  lord  Essex  was  sailing 
by,  he  sent  to  him  either  to  strike  to  him,  or  to  sail  by  in 
the  night,  or  to  keep  out  of  his  reach  :  otherwise  he  must 
397  shoot,  first  with  powder,  but  next  with  ball.  Lord  Essex 
sent  him  a  resolute  answer,  that  the  kings  of  England  made 
others  strike  to  them,  but  their  ships  struck  to  none :  he 
would  not  steal  through  in  the  dark,  nor  keep  out  of  his 
reach  :  and  if  he  shot  at  him,  he  would  defend  himself1. 
The  governor  did  shoot  at  him,  but  on  design  shot  over 
him.  This  was  thought  great  bravery  in  him :  a  yet  he 
reckoned  it  was  impossible  the  governor  would  endeavour 
to  sink  a  ship  that  brought  over  an  ambassador.  While 
he  was  there  the  king  died,  which  made  a  great  change  in 

a  He  himself  made  no  great  matter  of  it,  for — struck  out. 


Essex  Papers.  Temple  however  had  Arlington  was  faithful  to  him,  Or- 
a  loose  opinion  of  him.  Evelyn  calls  mond  behaved  with  frankness,  and 
him  a  'sober,  wise,  judicious,  and  Henry  Coventry  was  a  good  friend, 
pondering  person,  not  illiterate  be-  His  brother  Henry  Capel  watched 
yond  the  rate  of  most  noblemen  in  his  interests  in  England.  One  of  his 
this  age,  very  well  versed  in  English  chief  correspondents  was  Lord  Con- 
history  and  affairs,  industrious,  way,  who  writes  most  interesting 
frugal,  methodical,  and  every  way  accounts  of  the  state  of  the  court 
accomplished.'  Works,  ii.  493.  His  and  political  intrigues.  The  Danish 
rule  at  the  Treasury  in  later  years  embassy  was  in  1670,  and  his  govern- 
was  very  successful.  While  in  Ire-  ment  of  Ireland  lasted  from  Feb.  (1), 
land  he  held  his  own  with  boldness  1672  to  April,  1677. 
and  success  against  Danby.  Orrery,  1  See  Smith's  Life  and  Correspon- 
Ranelagh,    Lauderdale   and   others.  dence  ofPepys,  i.  126. 


of  King  Charles  II.  109 

the  court.  For  that  king  had  made  one  of  his  servants  Chap.  VI. 
stadtholder  ;  which  was  indeed  a  strange  thing,  he  himself 
being  upon  the  place.  He  was  a  mean  person,  advanced 
by  the  favour  the  queen  bore  him.  Lord  Essex's  first 
business  was  to  justify  his  behaviour  in  refusing  to  strike. 
Now  at  his  going  from  England  sir  John  Cotton  had  de- 
sired him  to  take  with  him  some  volumes  of  his  library 
that  related  to  Danish  affairs  ;  which  he  took,  without 
apprehending  that  he  should  have  great  occasion  to  use 
them :  but  this  accident  made  him  search  into  them  ;  and 
he  found  very  good  materials  to  justify  his  conduct  ;  since 
by  former  treaties  it  had  been  expressly  stipulated,  that 
the  English  ships  of  war  should  not  strike  in  the  Danish 
seas.  So  this  raised  his  character  so  high  at  court,  that  it 
was  writ  over  to  him.  that  he  might  expect  every  thing  he 
would  pretend  to  at  his  return.  The  change  of  govern- 
ment that  he  saw  in  Denmark,  and  the  bringing  it  about 
with  so  little  difficulty,  made  a  great  impression  on  him  : 
since  one  of  the  freest  nations  in  the  world  was  of  a  sudden 
brought  under  a  most  arbitrary  form  of  government.  Many 
of  the  ancient  nobility  seemed  uneasy  under  the  change, 
and  even  the  chancellor  himself,  though  raised  by  favour 
from  very  mean  beginnings,  could  not  forbear,  even  to  him, 
to  lament  the  change  of  their  constitution. 

Upon  his  return  from  Denmark,  he  was  made  lord  March, 
lieutenant  of  Ireland.  He  could  never  understand  how  he 
came  to  be  raised  to  that  post;  for  he  had  not  pretended 
to  it :  and  he  was  a  violent  enemy  to  popery,  not  so  much 
from  any  fixed  principle  in  religion,  in  which  he  was  too 
loose,  as  because  he  looked  on  it  as  an  invasion  made  on 
the  freedom  of  human  nature.  In  his  government  of  Ire- 
land he  far  exceeded  all  that  had  gone  before  him,  and  is 
still  considered  as  a  pattern  to  all  that  come  after  him. 
He  studied  to  understand  exactly  well  the  constitution,  and 
interest  of  the  nation.  He  read  over  all  their  council  books, 
and  made  large  abstracts  out  of  them,  to  guide  him,  so  as 
to  advance  every  thing  that  had  been  at  any  time  set  on 


1 10  The  History  of  the  Reign 

Chap.  VI.  foot  for  the  good  of  the  kingdom.  He  made  several 
volumes  of  tables  of  the  state  and  persons  that  were  in 
every  county  and  town,  and  got  true  characters  of  all  that 
were  capable  to  serve  the  public :  and  he  preferred  men 
always  upon  merit,  without  any  application  from  them- 
398  selves  ;  and  watched  over  all  about  him,  that  there  should 
be  no  bribes  going  among  his  servants.  The  revenue  of  Ire- 
land was  then  in  the  earl  of  Ranelagh's  management,  who 
was  one  of  the  ablest  men  that  island  had  bred,  capable  of 
all  affairs,  even  in  the  midst  of  a  loose  run  into  pleasure,  and 
much  riot.  He  had  the  art  of  pleasing  masters  of  very 
different  tempers  and  interests  so  much,  that  he  continued 
above  thirty  years  in  great  posts.  He  had  undertaken  to 
furnish  the  king  with  money  for  the  building  of  Windsor 
out  of  the  revenue  of  Ireland  x  ;  and  it  was  believed  the 
duchess  of  Portsmouth  had  a  great  yearly  pension  out 
of  his  office.  By  this  means  payments  in  Ireland  were 
not  regularly  made :  so  the  earl  of  Essex  complained  of 
this.  The  king  would  not  own  how  much  he  had  from  lord 
Ranelagh,  but  pressed  lord  Essex  to  pass  his  accounts.  He 
answered  he  could  not  pass  them  as  accounts  :  but,  if  the 
king  would  forgive  lord  Ranelagh,  he  would  pass  a  dis- 
charge, but  not  an  ill  account.  The  king  was  not  pleased 
with  this,  nor  with  his  exactness  in  that  government :  it 
reproached  his  own  too  much.  So  he  took  a  resolution 
about  this  time  to  put  the  duke  of  Ormond  in  it  again  2. 

1  The  spoliation  of  the  Irish  ex-  LadyNorthumberland for £4,000 were 

chequer  for  the  king's  favourites  was  to  be  paid  for  by  Ireland.    Forneron, 

one    of  the    worst   scandals    of  the  Louise  de  Ke'roualle,  83. 
reign.       Essex    remonstrated    with  2  Compare  Carte's  Life  of  the  Duke 

boldness  and  vigour.     He  succeeded  of  Ormond,  iv.  520  (Clar.  Press).    He 

in  saving  the   Phoenix  Park  which  calls  it  a  strange  and  gross  mistake 

Charles  had  promised  to  the  Duchess  in  our  historian  to  represent  this,  as 

of  Cleveland,  but  only  by  finding  out  a  ground  of  the  king's  resolution  for 

other  lands  which  might  be  similarly  putting    the    duke    again    into    the 

disposed  of.     See    especially  Essex  government    of    Ireland.       R.       In 

Papers,  i.  81,  84,  122.     From  a  letter  Clarke's  Life  of  James  II,  i.  507,  it  is 

of  William    Harbord   to   Essex,  id.  stated  that  the  re-appointment  of  Or- 

255,  it  appears   that  jewels  bought  mond  was  brought  about  by  James's 

by  the  Duchess  of  Portsmouth  from  persuasion  against  the  secret  oppo- 


of  King  Charles  II.  in 

Upon  this  occasion  the  earl  of  Essex  told  me,  that  he  knew  Chap.  vi. 
the  king  did  often  take  money  into  his  privy  purse  to 
defraud  his  exchequer:  for  he  reckoned  that  what  was 
carried  thither,  was  not  so  much  his  own  as  his  privy  purse 
was.  And  Coventry  told  lord  Essex,  that  there  was  once 
a  Plantation  cause  at  the  council  board,  and  he  was  troubled 
to  see  the  king  espouse  the  worst  side :  and  upon  that  he 
went  to  him,  and  told  him  in  his  ear  that  it  was  a  vile 
cause  which  he  was  supporting.  The  king  answered  him, 
he  had  got  good  money  for  doing  it. 

About  this  time  there  was  a  proposition  made  for  farm- 
ing the  revenue  of  Ireland,  and  lord  Danby  seemed  for 
some  time  to  favour  one  set  of  men,  who  offered  to  farm  it, 
but  all  of  the  sudden  he  turned  to  another.  The  secret  of 
this  broke  out,  that  he  was  to  have  great  advantages  by 
the  second  proposition.  The  matter  was  brought  to  the 
council  table,  and  some  were  examined  upon  oath.  Lord 
Widdrington  did  confess  |  that  he  made  an  offer  of  a  round  MS.  120:2. 
sum  to  lord  Danby,  but  that  he  did  not  accept  of  it.  Lord 
Halifax  was  yet  of  the  council 1 :  so  he  observed  that  the 
lord  treasurer  had  rejected  that  offer  very  mildly,  but  not 
so  as  to  discourage  a  second  attempt :  it  would  be  some- 
what strange,  if  a  man  should  ask  the  use  of  another  man's 
wife,  and  if  the  other  should  indeed  refuse  it,  but  with  great 
civility.  This  nettled  lord  Danby,  who  upon  that  got  him 
to  be  dismissed  from  that  board :  at  which  the  duke  was 
much  pleased,  who  hated  lord  Halifax  at  that  time,  more 
even  than  the  earl  of  Shaftesbury  himself ;  for  he  had  fallen 
severely  on  the  declaration  for  toleration  in  the  house  of 
lords.  He  said  2,  if  we  could  make  good  the  eastern  compli- 
ment, O  king,  live  for  ever !  he  could  trust  the  king  with 
every  thing  ;  but  since  that  was  so  much  a  compliment  that 

sition  of  Danby.     Carte  states  that  1  Halifax  (and  Holies)  were  both 

James  did  thisinorderto  prevent  Mon-  put  out  by  the  council  in  January, 

mouth,  who  was  supported  by  Danby  167I.      Portland     MSS.     iii.     353. 

and  the  Duchess  of  Portsmouth,  from  H.    M.    C.   Rep.    i.    19,    Foxcroft's 

succeeding    Essex ;    but   this   is    ex-  Halifax,  123. 

plicitly  denied  in  Clarke's  Life.  2  Supra,  10. 


ii2  The  History  of  the  Reign 

Chap.  VI.  it  could  never  become  a  real  one,  he  could  not  be  implicit 
in  his  confidence.  Thus  matters  went  on  all  the  [i6]76, 
399  and  to  the  beginning  of  the  [i6]77,  that  another  session  of 
parliament  was  held.  I  have  brought  within  this  year 
several  things  that  may  be  of  use  to  enlighten  -the  reader  as 
to  the  state  of  things,  though  perhaps  of  their  own  nature  they 
were  not  important  enough  to  deserve  to  be  told.  But  in  so 
bare  a  year  as  this  proved  to  be,  it  seemed  no  impertinent 
digression  to  bring  all  such  matters  into  the  reader's  way. 

I  shall  next  give  some  account  of  Scottish  affairs.  The 
duke  of  Lauderdale  had  mastered  the  opposition  that  was 
made  to  him  so  entirely,  that  men  were  now  rather  silent 
than  quiet.  The  field  conventicles  increased  mightily  : 
men  came  to  them  armed,  and  upon  that  great  numbers 
were  outlawed  :  and  a  writ  was  issued  out,  that  was  indeed 
legal,  but  very  seldom  used,  called  intercommoning,  because 
it  made  all  that  harboured  such  persons,  or  did  not  seize 
them  when  they  had  it  in  their  power,  to  be  involved  in  the 
same  guilt.  By  this  means  many,  apprehending  a  severe 
prosecution,  left  their  houses,  and  went  about  like  a  sort  of 
banditti,  and  fell  under  a  fierce  and  savage  temper.  The 
privy  council  upon  this  pretended  they  were  in  a  state  of 
war:  and  upon  an  old  statute,  that  was  almost  quite  forgot, 
it  was  set  on  foot,  that  the  king  had  a  power  to  take  any 
castle  that  lay  convenient  for  his  forces,  and  put  a  garrison 
in  it.  So  twelve  houses  were  marked  out :  of  which  two 
were  the  chief  dwelling-houses  of  two  peers.  The  rest  were 
the  houses  of  gentlemen,  that  had  gone  into  the  party 
against  duke  Lauderdale  ;  and  though  these  were  houses 
of  no  strength,  and  not  at  all  properly  situated  with  relation 
to  the  suppressing  of  conventicles,  yet  they  were  taken. 
Soldiers  were  put  in  them :  and  the  countries  about  were 
required  to  furnish  those  small  garrisons  with  all  things 
necessary,  though  this  was  against  the  express  words  of  the 
law  that  had  lately  settled  the  militia.  Great  opposition 
was  made  to  this  ;  yet  it  was  kept  up  above  a  year,  till  the 
houses  were  quite  ruined  by  the  rude  soldiers,  who  under- 


of  King  Charles  II.  113 

stood  that  the  more  waste  they  made,  it  would  be  the  more  Chap.  VI. 
acceptable.  At  last  it  was  let  fall.  Another  thing  hap- 
pened, scarce  worth  the  mentioning,  if  it  were  not  for  the 
effects  that  followed  on  it.  One  Carstares,  a  loose  and 
vicious  gentleman,  who  had  ruined  his  estate,  undertook  to 
Sharp  to  go  about  in  disguise  to  those  conventicles,  and  to 
carry  some  with  him  to  witness  against  such  as  they  saw 
at  them  ;  in  which  he  himself  was  not  to  appear,  but  he  was 
to  have  a  proportion  of  all  fines  that  should  be  set  upon  this 
evidence  :  and  he  was  to  have  so  much  for  every  one  of  their 
teachers  that  he  could  catch.  He  had  many  different  dis- 
guises, and  passed  by  different  names  in  everyone  of  them. 
He  found  Kirkton1,  an  eminent  preacher  among  them,  who 
was  as  cautious  as  the  rest  were  bold,  and  had  avoided  all 
suspicious  and  dangerous  meetings.  Carstares,  seeing  him  400 
walking  on  the  streets  of  Edinburgh,  told  him  there  was 
a  person  that  was  sick,  and  sent  him  to  beg  a  visit  of  him. 
He,  suspecting  nothing,  went  with  him.  Carstares  brought 
him  to  his  own  lodgings  ;  and  there  he  told  him  he  had 
a  warrant  against  him,  which  he  would  execute,  if  he  would 
not  give  him  money  to  let  him  alone.  Kirkton  said  he 
had  not  offended,  and  was  willing  to  go  to  prison  till  his 
innocence  should  appear.  Carstares  really  had  no  warrant : 
but,  as  was  afterwards  discovered,  he  had  often  taken  this 
method,  and  had  got  money  by  it.  So  he  went  out  to 
procure  a  warrant,  and  left  Kirkton  locked  within  his 
chamber.  Kirkton  called  to  the  people  of  the  house,  and 
told  them  how  he  was  trepanned,  and  he  got  one  of  them 
to  seek  out  Baillie  of  Jervisvvood,  his  brother-in-law,  who 
was  a  gentleman  of  great  parts,  but  of  much  greater  virtue. 
He  was  indeed  deeply  prejudiced  with  those  principles,  but 
was  otherwise  a  most  extraordinary  man.     Carstares  could 

1  James  Kirkton,  author  of  the  greater  detail  in  Wodrow,  ii.  327- 
History  of  the  Church  of  Scotland,  329.  In  the  Lauderdale  Papers,  iii. 
minister  of  Merton  before  the  83  will  be  found  the  official  state- 
Restoration  ;  after  the  Revolution  ment  of  the  committee  of  the  Privy 
he  became  minister  at  Edinburgh.  Council  for  conventicles  to  Lauder- 
See  the  incident  in  the  text  given  in  dale. 

VOL.  II.  I 


ii4  The  History  of  the  Reign 

Chap.  VI,  not  find  nine  privy  counsellors  to  sign  a  warrant,  which  was 
the  number  required  by  law  :  yet  when  he  came  back,  he 
pretended  he  had  a  warrant,  and  would  force  Kirkton  to  go 
to  prison  upon  it.     Kirkton  refused  to  obey  any  such  war- 
rant till  he  saw  it ;  and  upon  that  Carstares  struggled,  and 
pulled  him  to  the  ground,  and  sate  on  him,  the  other  crying 
out  Murder!     At  that  time  Baillie  came  to  the  door:  and 
MS.  203.     hearing  |  him  ciy  out,  he  called  to  Carstares  to  open  the 
door :    and  that  not  being  done,  he  forced  it,  and  found 
Carstares  sitting  upon  Kirkton.     He  drew  his  sword,  and 
made  him  come  off  him.     He  then  asked  him,  what  warrant 
he  had  to  use  him  as  he  did  ?     He  said  he  had  a  warrant, 
but  he  refused  to  shew  it.     Baillie  offered  to  assist  him  in 
executing  it,  if  he  had  any  :  but  he  persisting  in  this,  that 
he  was  not  bound  to  shew  it,  Baillie  made  Kirkton  go  out, 
and  he  followed  him,  no  violence  being  used,  for  which  he 
had  many  witnesses,  whom  the  noise  had  brought  together  : 
and  he  said  he  was  resolved  to  sue  Carstares  for  this  riot. 
But  before  next  council-day  a  warrant  was  signed  by  nine 
privy  counsellors,  but  ante-dated,  for  the  committing  of 
Kirkton,  and  of  six  or  seven  more  of  their  preachers.     Lord 
Athol  told  me,  he  was  one  of  those  who  signed  it  with  that 
false  date  to  it.     So  Baillie  was  cited  before  the  council  : 
Carstares  shewed  his  warrant,  which  he  pretended  he  had 
at  the  time  that   Kirkton  was  in  his  hands,  but  did  not 
think  fit  to  shew  it,  since  that  would  have  discovered  the 
names  of  others,  against  whom  he  was  also  to  make  use  of 
it.     Baillie  brought  his  witnesses  to  prove  his  behaviour  ; 
but  they  would  nota  so  much  as  examine  them.     It  was 
said,  that  upon  Carstares  saying  he  had  a  warrant,  Kirkton 
was  bound  to  go  to  jail  ;  and  that  if  it  had  been  found  he 
was  carried  thither  without  a  warrant,  the  jailor  would  not 
have  received  him.     Duke  Hamilton  and  lord  Kincardine 
were  yet  of  the  council,  and  they  argued  long  against  this 
way  of  proceeding,  as  liker  a  court  of  inquisition  than  a 
legal  government.     Yet  Baillie  was  fined  in  five  hundred 

*  not  is  omitted  in  the  MS. 


of  King  Charles  II.  115 

pounds  l,  and  a  year's  imprisonment  :  and  upon  this  occa-  Chap.  VII. 
sion  was  taken  to  turn  duke  Hamilton  and  lord  Kincardine 
out  of  the  council2,  as   enemies    to  the   church,  and    as 
favourers  of  conventicles. 


CHAPTER  VII. 

DANBY   DEFEATS   THE   OPPOSITION.       FRENCH    CONQUEST 

OF   THE   SPANISH    LOW   COUNTRIES.      MARRIAGE   OF 

WILLIAM   OF   ORANGE   AND   MARY. 

The  parliament  of  England  had    been    prorogued    for      1677. 
about  a  year  and  some  months,  by  two  different  proroga-  401 
tions  3.     One  of  these  was  for  more  than  a  year.     So  upon 
that  it  was  made  a  question,  whether  by  that  the  parlia-    Feb.  15, 
ment  was  not  dissolved.     The  argument  for  that  was  laid      3  7?' 
thus.     By  the  ancient  laws  a  parliament  was  to  be  held 
once  a  year,  and  oftener  if  need  be.     It  was  said,  the  words, 
if  need  be,'m  one  act,  which  was  not  in  another  that  enacted 
an  annual  parliament  without  that  addition,  did  not  belong 
to  the  whole  period,  by  which  a  session  was  only  to  be  held 
once  a  year,  if  it  was  needful,  but  belonged  only  to  the 
word  oftener :  so  that  the  law  was  positive  for  a  parliament 

1  Fountainhall  {Historical  Notices,  and  probity  of  the  law  went  off  for 
136)  states  that  Lauderdale,  to  in-  the  most  part  with  good  Sir  Matthew 
gratiate  himself,  caused  the  fine  to  Hales,  and  justice  is  made  a  mere 
be  remitted  in  September,  1667.  property.  .  .  .  What  French  counsel, 

2  Haltoun,  or  Halton,  Lauderdale's  what  standing  forces,  what  parlia- 
brother,  was  acting  as  his  deputy,  mentary  bribes,  what  national  oaths 
and  the  dismissal  of  Hamilton  and  and  all  the  other  machinations  of 
Kincardine  was  at  his  instance.  wicked  men  have  not  yet  been  able 

3  Parliament  met  on  Feb.  15, 167^.  to  effect,  may  be  more  compen- 
During  the  fifteen  months'  proro-  diously  acted  by  twelve  judges  in 
gation  {supra  93)  no  fewer  than  five  scarlet.'  Growth  of  Popery,  Ac,  315. 
judgeships  fell  vacant.  Speaking  of  Besides  the  judgeships,  thirty-two 
those  who  succeeded  to  these  places,  vacancies  had  occurred  among  the 
Marvell  says  :    '  Alas  !    the  wisdom  Commons  themselves. 

I  1 


n6 


The  History  of  the  Reign 


Chap.  vii.  once  a  year :  and  if  so,  then  any  act  contrary  to  that  law 
was  an  unlawful  act,  and  by  consequence  could  have  no 
operation.  From  whence  it  was  inferred,  that  the  proroga- 
tion which  did  run  beyond  a  year,  and  by  consequence 
made  that  the  parliament  could  not  sit  that  year,  was 
illegal ;  and  that  therefore  the  parliament  could  not  sit  by 
virtue  of  such  an  illegal  act 1.  Lord  Shaftesbury  laid  hold 
on  this  with  great  joy,  and  he  thought  to  work  his  point  by 
it.  The  duke  of  Buckingham  was  for  everything  that  would 
embroil  matters  2.     The  earl  of  Salisbury  was  brought  into 


1  The  statutes  appealed  to,  4th 
and  35th  of  Edward  III,  did  not, 
according  to  the  court  argument, 
apply,  because  there  was  a  Parlia- 
ment in  existence  ('holden  '),  though 
prorogued.  These  statutes  had 
moreover  been  virtually  repealed  by 
the  Triennial  Acts  of  Charles  I  and 
Charles  II.  On  the  other  hand,  it 
was  said  that  the  act  of  Charles  I, 
which  repealed  that  of  Edward  III, 
bad  itself  been  repealed  by  the  act  of 
Charles  II  ;  but,  since  that  act  had 
not  yet  come  into  force,  the  old  law 
of  Edward  III  still  obtained.  The 
opposition  were  compelled  to  put 
forward  some  constitutional  argu- 
ment, however  frivolous ;  but  the 
real  and  convincing  reasons  why  this 
Parliament  should  have  been  dis- 
solved are  given  in  Marvell,  Popery, 
dec,  322-333.  They  resolve  them- 
selves into  the  obvious  facts  that  the 
members  of  a  House  which  had  sat 
since  1661  no  longer  represented 
the  people,  and  that  '  near  a  third 
part  of  the  House  have  beneficial 
offices  under  his  Majesty  in  the  privy 
council,  the  army,  the  navy,  the 
law,  the  household,  the  revenue  both 
in  England  and  Ireland,  or  in  attend- 
ance on  his  Majesty's  person.'  A 
pamphlet  called  Observations,  dec, 
was  ordered  to  be  burnt  by  the 
hangman ;     another,  published     by 


Cary  under  the  title,  The  grand  ques- 
tion concerning  the  prorogation  of  this 
parliament  for  a  year  and  three  months 
stated  and  discussed,  the  substance  of 
which  is  given  in  the  H.  M.  C.  Rep. 
ix.  71,  was  declared  seditious  and 
ordered  to  be  burnt,  the  writer  being 
committed  ;  while  for  another,  The 
Long  Parliament  dissolved,  the  writer, 
Browne,  was  fined  1000  marks, 
committed  to  prison  until  the  fine 
was  paid,  and  otherwise  punished. 
Fleming  Papers,  July  10,  1677  ;  Mar- 
vell, March  19,  167^. 

2  He  said  in  his  speech  on  this 
occasion,  '  That  ancient  statutes 
were  not  like  women,  the  worse  for 
being  old.'  '  That  the  words  of  the 
statute  were  as  plain  as  a  pikestaff.' 
I  mention  this  as  a  specimen  of  the 
style  of  a  wit,  and  of  him,  who  upon 
his  delivering  to  the  Commons,  at  a 
conference,  the  Lord  Clarendon's 
apology,  sent  to  the  lords  upon  his 
withdrawing  out  of  the  kingdom, 
said,  '  The  lords  desired  to  have  it 
again,  for  it  had  a  style  they  were 
in  love  with,  and  therefore  desired 
to  keep  it.'  These  last  words  of  this 
duke  are  very  like  his  manner,  and 
have  been  generally  asserted  to  have 
been  spoken  by  him,  and  mentioned 
to  be  so  by  several  historians  ;  but 
the  words  are  not  in  the  Report 
made  by  the  solicitor-general  ^  Finch) 


of  King  Charles  II.  117 

it,  who  was  a  high-spirited  man,  that  had  a  very  ill  opinion  Chap.VII. 
of  the  court.  Lord  Wharton  went  also  into  it,  and  lord 
Holies  wrote  a  book  for  it,  but  a  fit  of  the  gout  kept  him 
out  of  the  way.  All  the  rest  of  the  party  were  against  it. 
They  said  it  was  a  subtilty,  and  it  was  very  dangerous  to 
hang  so  much  weight  upon  such  weak  grounds.  The  words, 
if  need  be,  had  been  understood  to  belong  to  the  whole  act : 
and  the  Long  parliament  did  not  pretend  to  make  annnal 
parliaments  necessary,  but  insisted  only  on  a  triennial 
parliament.  If  there  had  been  need  of  a  parliament  during 
that  long  prorogation,  the  king  by  proclamation  might  have 
dissolved  it,  and  called  a  new  one.  All  that  knew  the 
temper  of  the  house  of  commons  were  much  troubled  at 
this  dispute,  that  was  like  to  rise  on  such  a  point.  It  was 
very  certain  the  majority  of  both  houses,  who  only  could 
judge  it,  would  be  against  it  :  and  they  thought  such  an 
attempt  to  force  a  dissolution,  would  make  the  commons 
do  every  thing  that  the  court  desired  *.  Lord  Halifax  set 
himself  much  against  this  ;  and  did  it  not  without  express- 
ing great  sharpness  against  lord  Shaftesbury,  who  could  not 
be  managed  in  this  matter.  So,  upon  the  first  opening  the 
session,  the  debate  was  brought  on,  and  these  lords  stood 
against  the  whole  house.  That  matter  was  soon  decided 
by  a  question.  But  then  a  second  debate  rose,  which  held  402 
afor  two  daysa,  whether  these  lords  were  not  liable  to 
censure  for  offering  a  debate  that  might  create  great  dis- 
tractions in  the  subjects'  minds,  concerning  the  legality  of 
a  parliament.  Lord  Halifax,  with  the  rest  of  the  party, 
argued  against  it  strongly.  They  said,  if  an  idle  motion 
was  made,  and  checked  at  first,  he  that  made  it  might  be 

a  substituted  for  many  hours. 


of  the  conference.    See  Journal  of  the  tage  given  him  by  his  enemies,  who 

House  of  Commons  of  Dec  4,  1667.  appeared  also  as  the  enemies  of  the 

The  solicitor  was  a  grave  man.     O.  existing  House  of  Commons.     Many 

The  duke  had  before  called  it,  '  This  votes  were   actually  gained   to   the 

scandalous  and  seditious  paper.'    R.  Court,   and   the   effect  was   seen  a 

1  Danby  was  quick  to  see  the  advan-  little  later  ;  see  infra,  119. 


s 


n8  The  History  of  the  Reign 

Chap.  vii.  censured  for  it,  though  it  was  seldom,  if  ever,  to  be  practised 
in  a  free  council,  where  every  man  was  not  bound  to  be 
wise,  nor  to  make  no  impertinent   motion :    but  when  a 

MS.  204.  motion  was  entertained,  |  and  a  debate  followed,  and 
a  question  was  put  upon  it,  it  was  destructive  of  the 
freedom  of  public  councils  to  call  any  to  an  account  for  it : 
they  might  with  the  same  justice  call  them  to  an  account 
for  their  debates  and  votes  :  so  that  no  man  was  safe  unless 
he  could  know  where  the  majority  would  be :  here  would 
be  a  precedent  to  tip  down  so  many  lords  at  a  time,  and  to 
garboil  the  house  as  often  as  any  party  should  have  a  great 
majority  \  It  was  said  on  the  other  hand,  here  was  a  design 
to  put  the  nation  into  great  disorder,  and  to  bring  the 
legality  of  a  parliament  into  dispute.  So  it  was  carried  to 
oblige  them  to  ask  pardon  as  delinquents :  otherwise  it  was 
resolved  to  send  them  to  the  Tower2.  They  refused  to 
ask  pardon,  and  so  were  sent  thither.  The  earl  of  Salis- 
bury was  the  first  that  was  called  on,  for  the  duke  of 
Buckingham  went  out  of  the  house.  He  desired  he  might 
have  his  servants  to  wait  on  him,  and  the  first  he  named  was 
his  cook ;  which  the  king  resented  highly,  as  carrying  in  it 
an  insinuation  of  the  worst  sort.  The  earl  of  Shaftesbury 
made  the  same  demand  :  but  lord  Wharton  did  not  ask  for 
his  cook.  The  duke  of  Buckingham  came  in  next  day,  and 
was  sent  after  them  to  the  Tower.  And  they  were  ordered 
to  continue  prisoners  during  the  pleasure  of  the  house,  or 
during  the  king's  pleasure.  They  were  much  visited:  so 
to  check  that,  though  no  complaint  was  made  of  their 
behaviour,  they  were  made  close  prisoners,  not  to  be  visited 
without  leave  from  the  king  or  the  house :  and  particular 
observations  were  made  of  all  those  that  asked  leave.  This 
was  much  cried  out  on,  and  the  earl  of  Danby's  long 
imprisonment  afterwards  was  thought  a  just  retaliation  for 
the  violence  with  which  he  drove  this  on.     Three  of  the 

1  Foxcroft,  Halifax,  i.  126  note.  an  imprisonment  without  example. 

2  '  Thus    a    prorogation    without       Marvell,  Popery,  &c,  322. 
precedent  was  to  be  warranted  by 


of  King  Charles  II. 


119 


lords  lay  in  the  Tower  for  some  months,  but  they  were  set  Chap.  VII. 
at  liberty  upon  their  petitioning  the  king  *.  Lord  Shaftes- 
bury would  not  petition  :  but  he  moved  in  the  king's  bench 
that  he  might  be  discharged.  The  king's  justice,  he  said, 
was  to  be  dispensed  in  that  court 2.  The  court  said,  he  was  403 
committed  by  an  order  from  the  house  of  lords,  which  was 
a  court  superior  to  them  :  so  they  could  take  no  cognizance 
of  the  matter.  Lord  Danby  censured  this  motion  highly, 
as  done  in  contempt  of  the  house  of  lords ;  and  said  he 
would  make  use  of  it  against  him  next  session  of  parlia- 
ment 3.  And  yet  he  was  often  forced  to  make  the  same 
motion  at  that  bar:  and  he  complained  of  the  injustice  of 
the  court  for  refusing  to  bail  or  discharge  him  ;  though  in 
that  they  followed  the  precedent  which  at  this  time  was 
a  believed  to  bea  directed  by  himself. 

The  debate  about  the  dissolution  of  the  parliament  4  had 
the  effect  in  the  house  of  commons  that  was  foreseen :  for 

0  interlined. 


1  Buckingham  soon  regained  the 
king's  favour.  In  Clarke's  Life  of 
James  II,  i.  544,  Danby's  anger  and 
disappointment  are  related  when  he 
heard  that  the  duke  had  been  allowed 
privately    to    kiss    Charles's    hand. 

'  This  was  by  Nelly,  Middlesex, 
Rochester,  and  the  merry  gang  easily 
procured.'     Marvell,  Portland  MSS. 

"i-  355- 

2  For  his  speech  on  that  occasion, 
June  29,  1667,  see  the  Danby  Papers, 
Brit.  Mus.  Add.  MSS.  28045,  f-  42  ; 
and  Christie,  Life  of  the  First  Earl  of 
Shaftesbury,  ii,  App.  vi,  No.  4. 

3  On  this  constitutional  question 
see  Christie,  Life,  Sfc,  ii.  238.  The 
removal  of  Shaftesbury  from  active 
political  opposition  was  at  this  time 
of  the  last  importance  to  Danby. 

4  But  the  validity  of  the  proroga- 
tion was  much  debated  there,  not  as 
making  a  dissolution  of  the  Parlia- 


ment, but  leaving  the  Parliament 
under  the  former  adjournment,  and 
so  this  no  new  session;  on  this 
matter,  upon  the  question  for  naming 
the  grand  committees,  there  was  a 
division  of  193  for  the  prorogation, 
and  142  against  it.  I  have  seen  a 
good  MS.  account  of  this  debate  (in 
a  collection  of  Mr.  Anchitel  Gray's), 
which  appears  there  to  be  very  per- 
plexed, especially  as  against  the 
prorogation,  although  the  length  of 
the  prorogation  was  a  very  silly 
measure.  See  Journal  of  the  House 
of  Commons  of  16th,  &c.,  of  Feb. 
1676.  Note,  this  MS.  collection  of 
debates  above  mentioned,  though 
called  Mr.  A.  Gray's,  I  have  proof, 
from  a  particular  in  it,  that  some 
part  of  it  was  made  by  Mr.  Richard 
May,  recorder  of,  and  member  for, 
Chichester.     O. 


i2o  The  History  of  the  Reign 

Chap.  VII.  the  commons  were  much  inflamed  against  lord  Shaftesbury 
'  '  and  his  party 1.  They  at  first  voted  600,000/.  for  the  build- 
ing of  thirty  ships:  for  they  resolved  to  begin  with  a 
popular  bill2.  A  clause  was  put  in  the  bill  by  the  country 
party,  that  the  money  should  be  accounted  for  to  the  com- 
mons, in  hope  that  the  lords  would  alter  that  clause,  and 
make  it  be  accountable  to  both  houses  ;  which  was  done  by 
the  lords,  and  conferences  were  held  upon  it.  The  lords 
thought,  that  since  they  paid  their  share  of  the  tax,  it  was 
not  reasonable  to  exclude  them  from  the  accounts.  The 
commons  adhered  to  their  clause,  and  the  bill  was  in  great 
danger  of  being  lost.     But  the  king  prevailed  with  the  lords 

April  16,  to  recede  3.     An  additional  excise  that  had  been  formerly 

1677      given  was  now  falling  ;  so  they  continued  that  for  three 

year  longer  ;  and  they  were  in  all  things  so  compliant,  that 

the  court  had  not  for  many  years  so  hopeful  a  session  as 

this  was.     But  all  changed  of  a  sudden. 

The  king  of  France  was  then  making  one  of  his  early 
campaigns  in  Flanders  ;  in  which  he  at  first  took  Valen- 
ciennes, and  then  divided  his  army  in  two.  He  with  one 
besieged  Cambrai,  and  the  other,  commanded  by  his 
brother,  besieged  St.  Omer.  But  though  I  intend  to  say 
little  of  foreign  affairs,  yet  where  I  came  to  the  knowledge 
of  particulars  that  I  have  not  seen  in  any  printed  relations, 
July  26,  I  will  venture  to  set  them  down.  Turenne's  death  was 
a  great  blow  to  the  king  of  France  ;  but  not  to  his  ministers, 

1  Being  the  beaten  party,  Shaftes-  years.  Having  secured  this  victory, 
bury  was  held  up  to  ridicule.  'To-  Danby  endeavoured  to  quiet  the  anti- 
day  is  acted  the  first  time  Sir  Popular  Catholic  feeling  by  a  bill  for  the 
Wisdom  or  The  Politician,  where  my  better  securing  the  Protestant  reli- 
Lord  Shaftesbury  and  all  his  gang  gion  in  case  of  a  Catholic  succession, 
are  sufficiently  personated.'  Mar-  But  the  implied  sanction  of  such  a 
veil,  Nov.  17,  1677  ;  Portland  MSS.  succession  had  precisely  the  opposite 
hi.  357-  effect  to  that  for  which  he  had  hoped, 

2  In    this    grant,    moreover,    the  and  the  bill  never  passed  its  second 
obnoxious  provision  of  appropriating  reading  in  the  Commons, 
the  customs  to  the  navy  was  omitted  :  3  The  Lords  gave  way  under  pro- 
cf.  supra  87,  n  ;  C.  J.,  March  5,  167^.  test,   reserving  their  rights.     Lords 
The  ships  were  to  be  built  in  two  Journals,  April  16,  1677. 


1675. 


of  King  Charles  II.  121 

whom  he  despised,  and  who  hated  him.  But  the  king  had  Chap.  VI i. 
such  a  personal  regard  to  him,  that  they  were  afraid  of 
opposing  him  too  much.  He  was  both  the  most  cautious 
and  the  most  obliging  general  that  ever  commanded  an 
army.  He  had  the  art  of  making  every  man  love  him,  404 
except  those  that  thought  they  came  up  to  some  competi- 
tion with  him  :  for  he  was  apt  to  treat  them  with  too  much 
contempt.  It  was  an  extraordinary  thing  that  a  random 
cannon  shot  should  have  killed  him.  He  sat  by  the  balance 
of  his  body  a  while  in  the  saddle,  but  fell  down  dead  in  the 
place :  and  a  great  design  he  had,  which  probably  would 
have  been  fatal  to  the  German  army,  died  with  him.  The 
prince  of  Conde  was  sent  to  command  that  army,  to  his 
great  affliction  :  for  this  was  a  declaration  that  he  was 
esteemed  inferior  to  Turenne,  which  he  could  not  well  bear, 
though  he  was  indeed  inferior  to  him  in  all  that  related  to 
the  command ;  unless  it  was  in  a  day  of  battle,  in  which 
the  presence  of  mind  and  vivacity  of  thought  which  were 
wonderful  in  him,  gave  him  some  advantage.  But  he  had 
too  much  pride  to  be  so  obliging  as  a  general  ought  to  be : 
and  he  was  too  much  a  slave  to  pleasure,  and  gamed  too 
much,  to  have  that  constant  application  to  his  business  that 
the  other  had.  |  He  was  entirely  lost  in  the  king's  good  MS.  205. 
opinion,  not  only  by  reason  of  his  behaviour  during  his 
minority,  but  after  that  was  forgiven,  when  the  king  had 
the  small  pox,  he  sent  for  him,  and  recommended  his  son 
to  his  care,  in  case  he  should  die  at  that  time.  And  a  he, 
instead  of  receiving  this  as  a  great  mark  of  confidence,  with 
due  acknowledgments,  expostulated  upon  the  ill  usage  he 
had  met  with.  The  king  recovered,  but  never  forgot  that 
treatment,  and  took  all  occasions  to  mortify  him  ;  which  the 
ministers  knew  well,  and  seconded  him  in  it :  so  that,  bating 
the  outward  respect  due  to  his  birth,  they  treated  him  very 
hardly  in  all  his  pretensions.  The  French  king  came  down 
to  Flanders  in  76,  and  first  took  Conde\  and  then  besieged 
Bouchain.     The  siege  went  on  in  form,  and  the  king  lay 

a  But  struck  out. 


122  The  History  of  the  Reign 

Chap.  VII.  with  an  army  covering  it ;  when  of  a  sudden  the  prince  of 
Orange  drew  his  army  together,  and  went  up  almost  to  the 
king's  camp,  offering  him  battle.  All  the  marshals  and 
generals  concluded  that  battle  was  to  be  given,  and  that 
the  war  would  be  that  day  ended.  The  king  heard  all  this 
coldly.  Schomberg  was  newly  made  a  marshal,  and  had 
got  great  honour  the  year  before  against  the  prince  in 
raising  the  siege  of  Maestricht.  He  commanded  in  a  quarter 
at  some  distance.  The  king  said  he  would  come  to  no 
resolution  till  he  heard  his  opinion.  Louvois *  sent  for  him 
by  a  confident  person,  whom  he  ordered  to  tell  him  what 
had  happened,  and  that  in  any  opinion  he  was  to  give  he 
405  must  consider  the  king's  person.  So  when  he  came  to  the 
kinga  a  council  of  war  was  called,  and  Schomberg  was 
ordered  to  deliver  his  opinion  first.  He  said,  the  king  was 
there  on  design  to  cover  the  siege  of  Bouchain  :  a  young 
general  was  come  up,  on  a  desperate  humour  to  offer  him 
battle  :  he  did  not  doubt  but  it  would  be  a  glorious  decision 
of  the  war  :  but  the  king  ought  to  consider  his  own  designs, 
and  not  to  be  led  out  of  these  by  any  bravado,  or  even  by 
the  great  hope  of  success.  The  king  ought  to  remain  on 
his  post  till  the  place  was  taken :  otherwise  he  suffered 
another  man  to  be  the  master  of  his  counsels  and  actions. 
When  the  place  was  taken,  then  he  was  to  come  to  new 
counsels  :  but  till  then  he  thought  he  was  to  pursue  his 
first  design.  The  king  said  Schomberg  was  in  the  right : 
so  he  was  applauded  that  day  as  a  better  courtier  than 
a  general.     I  had  all  this  from  his  own  mouth. 

To  this  I  will  add  a  pleasant  passage  that  the  prince  of 
Conde  told  young  Ruvigny2.  now  earl  of  Galway.  The 
king  of  France  has  never  yet  fought  a  battle,  and  has  a 
mighty  notion  of  that  matter  :  and,  it  seems  he  apprehends 

»  's  tent  struck  out. 


1  Francois-Michel  Le  Tellier,  Mar-       Ruvigny  (1648-1721),  created  Earl 
quis  de  Louvois  (1639-1691).  of  Galway  1697.     See  infra  154. 

8  Henri   de    Massue,   Marquis    de 


of  King  Charles  II.  1 23 

the  danger  of  it  too  much.  Once  he  was  chiding  the  prince  Chap.  vii. 
of  Conti  for  his  being  about  to  fight  a  combat  with  a  man 
of  quality.  The  king  told  him  he  ought  to  consider  the 
dignity  of  his  blood,  and  not  put  himself  on  the  level  with 
other  subjects  ;  and  that  his  uncle  had  declined  fighting 
on  that  very  account.  The  prince  of  Conti  answered,  My 
uncle  might  well  have  done  so  after  he  had  won  two 
battles ;  but  I,  who  have  yet  done  nothing,  must  pretend 
to  no  such  distinction.  The  king  told  this  answer  to  the 
prince  of  Conde,  who  saw  he  was  nettled  with  it.  So  he 
said  to  him,  that  his  nephew  had  in  that  spoke  like  a  young 
man  :  for  the  winning  of  a  battle  was  no  great  matter ; 
since,  though  he  who  commanded  had  the  glory  of  it,  yet 
it  was  the  subalterns  that  did  the  business  :  in  which  he 
thought  he  pleased  the  king,  and  for  which  he  laughed 
heartily  at  him  when  he  told  the  story. 

The  late  king  !  told  me,  that  in  these  campaigns  the 
Spaniards  were  both  so  ignorant  and  so  backward,  so 
proud  and  yet  so  weak,  that  they  would  never  own  their 
feebleness  or  their  wants  to  him.  They  pretended  they 
had  stores  when  they  had  none,  and  thousands  when  they 
scarce  had  hundreds.  He  had  in  their  councils  often  desired 
that  they  would  give  him  only  a  true  state  of  their  garrisons 
and  magazines ;  but  they  always  gave  it  false.  So  that 
for  some  campaigns  all  was  lost,  merely  because  they 
deceived  him  in  the  strength  they  pretended  to  have.  At 
last  he  believed  nothing  they  said,  but  sent  his  own  officers 
to  examine  every  thing.  Monterey  was  a  wise  man,  and 
a  good  governor,  but  a  coward.  Villa  Hermosa  was  a  406 
brave  man,  but  ignorant  and  weak.  Thus  the  prince  had 
a  sad  time  of  it  every  campaign.  But  none  was  so  unhappy 
as  this,  in  which,  upon  the  loss  of  Valenciennes,  he  looking 
on  St.  Omer  as  more  important  than  Cambrai,  went  thither, 
and  ventured  a  battle  too  rashly  2.  Luxembourg,  with  a 
great  body  of  horse,  came  into  the  duke  of  Orleans's  army 
just  as  they  were  engaging.     Some  regiments  of  marines, 

1  William.     S.  2  At  Cassel,  April  i  r. 


124  The  History  of  the  Reign 

Chap.  vii.  on  whom  the  prince  of  Orange  depended  much,  did  basely 
run  away x :   yet  the  other  bodies  fought  so  well,  that  he 

April  19,   lost  not  much,  besides  the  honour  of  the  day.     But  upon 

77'      that  St.  Omer  did  immediately  capitulate,  as  Cambrai  did 

April  4,    some  days  after.     It  was  thought  that  the  king  was  jealous 

77'      of  the  honour  his  brother  had  got  in  that  action,  for  he 

never  had  the  command  of  an  army  after  that  time :  and 

courage  being  the  single  good  quality  that  he  had,  it  was 

thought  his  having  no  occasion  given  him  to  shew  it  flowed 

from  some  particular  reason. 

All  these  things  happening  during  the  session  of  parlia- 

MS.  206.  ment,  it  made  |  great  impression  on  all  people's  minds  2. 
Sir  W.  Coventry  opened  the  business  in  the  house  of  com- 
mons, and  shewed  the  danger  of  all  those  provinces  falling 
under  the  power  of  France  ;  which  must  end  in  the  ruin 
of  the  United  Provinces,  if  a  timely  stop  were  not  put  to 
the  progress  the  French  were  making.  He  demonstrated 
that  the  interest  of  England  made  it  necessary  for  the  king 
to  withdraw  his  mediation,  and  to  enter  into  the  alliance 
against  France :  and  the  whole  house  went  into  this.  There 
were  great  complaints  made  of  the  regiments  that  the  king 
kept  in  the  French  army,  and  of  the  great  service  that  was 
done  by  them.  It  is  true  the  king  suffered  the  Dutch  to 
make  levies  :  but  there  was  another  sort  of  encouragement 
given  to  the  levies  of  France,  particularly  in  Scotland, 
where  it  looked  liker  a  press  than  a  levy  3.  They  had  not 
only  the  public  jails  given  to  keep  their  men  in,  but  when 

1  This  was  at  Charleroi,  Aug.  s  See  the  case  of  Mr.  Harrington 
1677.  in   Marvell's   Growth  of  Popery,  dc, 

2  Parliament  had  met  Feb.  15, 167^;  334;  Pari.  Hist.  iv.  846,  for  the 
Valenciennes  was  taken  in  March,  debate,  March  16,  17,  167^;  Ralph, 
and  Cambrai  and  St.  Omer  on  April  i.  314  ;  and  Commons  Journals.  '  He 
4  and  19  ;  the  defeat  of  William  at  had  met  with  two  Scotch  soldiers  in 
Cassel,  which  secured  the  latter  town  returned  from  Flanders,  who 
success,  was  on  April  11.  Thus  the  complained  that  many  of  their 
Spanish  Netherlands  were  prac-  countrymen  had  in  Scotland  been 
tically  in  Louis's  hands.  The  advan-  seized  by  force,  to  be  carried  over 
tage    gained    by    Danby   (cf.  supra  into  the  French  service.' 

118,  119)  was  now  completely  lost. 


of  King  Charles  II.  125 

these  were  full,  they  had  the  castle  of  Edinburgh  assigned  Chap.  vh. 
them,  till  ships  were  ready  for  their  transport.  Some  that 
were  put  in  prison  for  conventicles  were,  by  order  of  council, 
delivered  to  their  officers.  The  Spanish  ambassador  heard 
of  this,  and  made  great  complaints  upon  it.  So  a  procla- 
mation was  ordered,  prohibiting  any  more  levies1:  but  duke 
Lauderdale  kept  it  up  some  days,  and  writ  down  to  haste 
the  levies  away,  for  a  proclamation  was  coming  down 
against  them.  They  were  all  shipped  off,  but  had  not 
sailed,  when  the  proclamation  came  down :  yet  it  was  kept 
up  till  they  sailed  away.  One  of  the  ships  was  driven  back 
by  stress  of  weather,  but  no  care  was  taken  to  execute  the 
proclamation.  So  apparently  was  that  kingdom  in  a  French  407 
management. 

The  house  of  commons  pressed  the  king  by  repeated 
addresses  to  fall  into  the  interest  of  Europe,as  well  as  into  his 
own  2.  The  king  was  uneasy  at  this,  and  sent  them  several 
very  angry  messages.  Peace  and  war,  he  said,  were  un- 
doubtedly matters  within  his  prerogative,  in  which  they 
ought  not  to  meddle.  And  the  king  in  common  discourse 
remembered  often  the  parliament's  engaging  his  father  and 
grandfather  in  the  affairs  of  Germany,  and  to  break  the 
match  with  Spain,  which  proved  fatal  to  them  :  and  he 
resolved  not  to  be  served  in  such  a  manner.  Upon  this 
occasion,  Lord  Danby  saw  his  error  of  neglecting  the 
leading  men  and  reckoning  upon  a  majority,  such  as  could 
be  made.     For  these  did  so  entangle  the  debates,  and  over- 

1  On  Dec.  18,  1677,  Danby  wrote  be  seriously  checked  by  Parliament, 
to  Lauderdale  :  'I  suppose  you  See  Marvell,  Growth  of  Popery,  &c, 
have  already  received  his  Maties  367,  where,  however,  the  battle  of 
orders  by  Mr.  S*.  Coventor  to  forbid  Cassel  and  the  taking  of  St.Omer  are 
all  recruits  for  France  ? '  Lauderdale  wrongly  dated.  Fresh  addresses 
Papers,  iii.  240.  were  sent  up  on  April   13   and   16. 

2  Addresses  were  sent  up  on  As  Courtin  told  Louis  on  April  8, 
March  16,  26,  and  April  5.  The  the  English  would  give  everything 
reply  to  the  latter  was  delayed  until  for  a  war  with  France,  '  even  to  their 
April  11,  by  which  time  the  sue-  shirts.'  Mignet,  Negotiations  relatives, 
cesses  of  the   French  had  removed  &c,  iv.  443. 

all   fear  that   Louis's  success  could 


126  The  History  of  the  Reign 

Chap.  VII.  reached  those  on  whom  he  had  practised,  that  they, 
working  on  the  aversion  that  the  English  nation  naturally 
has  to  a  French  interest,  spoiled  the  hopefullest  session  the 
court  had  of  a  great  while,  before  they  were  well  aware  of 
it  \  The  king,  who  was  yet  firmly  united  with  France, 
dismissed  them  with  a  very  angry  speech,  chiding  them  for 
going  so  far  in  matters  that  were  above  them,  and  that 
belonged  only  to  him :  though  they  had  brought  together 
many  precedents  in  the  reigns  of  the  highest  spirited  of  all 
our  kings,  in  which  parliaments  had  not  only  offered 
general  advices  about  the  entering  into  wars,  but  even 
special  ones  as  to  the  conduct  that  was  to  be  held  in  them  2. 
The  whole  nation  thought  it  a  great  happiness,  to  see  a 
session  that  lord  Shaftesbury's  management  had,  as  it 
were,  driven  in  to  the  court,  end  with  doing  so  little 
mischief;  far  contrary  to  all  men's  expectation. 

When  the  session  was  over,  lord  Danby  saw  his  ruin  was 
inevitable,  if  he  could  not  bring  the  king  off  from  a  French 
interest :  upon  which  he  set  himself  much  to  it,  and  as  he 
talked  with  an  a extraordinary  zeala  against  France  on  all 

*  substituted  for  headstrong  wilfulness  struck  out. 


J  Rare  style !     S.  Seymour.     See  Pari.  Hist.  iv.   890, 

2  On    May  25  the    Commons  re-  and   the   passages   from  Ralph  and 

fused   supply  until  the  king  should  Marvell    there    quoted.     A    second 

submit  his  alliances  to  them.     This  adjournment,   by   •  orders  from   the 

interference   in  questions   of  peace  king,'  and  again  under  protest,  was 

and    war  was   undoubtedly  a   new  imposed   from   July    16  to  Dec.   3 ; 

departure,  and  Charles  resented  it  and    a    third,  by    proclamation,  to 

passionately  and  with  a  comprehen-  April  4,  1678 ;  but  Charles  allowed 

sive  refusal.     It  was  on  this  occa-  the  House  to  meet  on  Jan.  15,  167J, 

sion  that  in  a  conference  with  Van  the  alliance  with  the  Dutch  having 

Beuninghen   he   exclaimed,    tossing  been  then  concluded.     See  Marvell's 

his  handkerchief  into  the  air,  '  I  care  letters    of  July    17,    1677,   Portland 

just  that  for  Parliament'    On  May  28  MSS.  iii.  355,  and  of  Dec.  4,   1677, 

he  retorted  upon  their  encroachment  Grosart's  ed.     The  precedents,  pro- 

by  '  requiring '  the  House  to  adjourn.  duced  by  Powle,  for  parliamentary 

This  led  to  an  excited  protest,  nearly  interposition  in  matters  of  alliances 

reaching  violence,  and  the  adjourn-  were  in  the  reigns  of  Edward   III, 

ment   was    only   managed    by    the  Richard  II,  and  Henry  V. 
arbitrary    action    of    the    Speaker, 


of  King  Charles  II.  127 

occasions,  so  he  pressed  the  king  much  to  follow  the  advices  Chap.  VII. 
of  his  parliament  K  The  king  seemed  to  insist  upon  this, 
that  he  would  once  have  a  peace  made  upon  the  grounds 
that  he  had  concerted  with  France:  and,  when  that  was 
done,  he  would  next  day  enter  into  the  alliance.  But 
he  stood  much  upon  this,  that  having  engaged  with  France 
into  this  war,  he  Could  not  with  honour  turn  against 
France  till  it  was  once  at  an  end.  This  was  such  a 
refining  in  a  point  of  honour,  which  that  king  had  not 
on  all  other  occasions  considered  so  much,  that  all  men 
believed  there  was  somewhat  else  at  bottom.  The  earl  of 
Danby  continued  to  give,  by  Temple  2,  all  possible  assur-  408 
ances  to  the  prince  of  Orange,  pressing  him  likewise  to 
make  some  compliances  on  his  side ;  and  he  gave  him 
great  hopes  of  bringing  about  a  marriage  with  the  duke's 
daughter,  which  was  universally  desired  by  all  the  protestant 
party  both  at  home  and  abroad  3.  Great  offers  were  made 
the  duke  to  draw  him  into  the  alliance :  he  was  offered  the 
command  of  the  whole  force  of  the  allies,  and  he  seemed  to 

1  He  was  steadfast  to  this  policy  397),  directly  from  the  king,  who 
throughout.  See  Reresby's  Memoirs,  '  although  he  has  not  money  for  his 
115,  where  the  statements  in  the  text  necessary  occasions,  yet  he  is  willing 
are  fully  confirmed  from  Danby' s  to  secure  to  Secretary  Coventry £5,000 
own  words  spoken  at  the  time.  of  the  £10,000  he  is  to  have  for  his 
James  '  was  the  chief  carrier  on  of  place,  and  will  be  hereafter  willing 
the  French  interest,  and  made  it  his  to  reimburse  to  yourself  the  latter 
business  to  court  the  Sectaries  or  Fa-  £5  000  if  you  will  lay  it  down.'  See 
natics,  hoping  thereby  to  strengthen  Temple's  letter  declining  the  offer, 
the  Popish  interest.'     In  Feb.,  1684,  Works,  iv.  457. 

Danby  spoke  again  to    Reresby   of  s  This  design  had  been  spoken  of 

'that  national  foundation  where  he  asearlyas  1670.  Reresby, Memoirs, 83. 

would   only   engage,    declaring    his  Burnet  mentions  the  journey  in  that 

aversion  to   a  French   or  a   popish  year  (vol.  i.  495,  note),  but  evidently 

interest.     See  supra  96,  note.  was   ignorant   that   this  was   among 

2  It  was  now  that  Danby  was  de-  its  objects.  And  on  Feb.  28,  167I, 
sirous  of  the  appointment  of  Temple  Conway  wrote  in  cypher  to  Essex  : 
as  Secretary  of  State.  See  Danby  '  It  is  also  designed,  before  [Parlia- 
Papers,  Add.  MSS.  28054,  £  62 ;  ment]  meet,  to  have  a  Treaty  of 
Temple's  Works,  ii.  407,  &c,  iv.  329,  Marriage  on  foot  between  Prince  of 
&c.  The  proposal  was  renewed  Orange  and  Dukeof  York's  daughter.' 
in  a  letter  from   Danby  to  Temple  Essex  Papers,  i.  181. 

of   Jan.    8,    167!     (Lindsay    MSS. 


128  The  History  of  the  Reign 

Chap.  VII.  be  wrought  on  by  the  prospect  of  so  great  an  authority. 
There  was  aa  party  that  were  still  very  jealous  of  lord 

MS.  207.  Danby  in  all  this  matter.  |  Some  thought  all  this  was 
artifice ;  that  a  war  would  be  offered  to  the  next  session, 
only  to  draw  money  from  the  parliament,  and  thereby 
to  raise  an  army ;  and  that  when  the  army  was  raised, 
and  much  money  given  to  support  it,  all  would  be  sold 
to  France  for  another  great  sum ;  and  that  here  would  be 
pay  for  an  army  for  some  years,  till  the  nation  should 
be  subdued  to  an  entire  compliance  with  the  court.  It  was 
given  out  that  this  must  be  the  scheme  by  which  he  main- 
tained himself  in  the  king  and  the  duke's  confidence,  even 
when  he  declared  himself  an  open  enemy  to  that  which 
they  were  still  supporting.  This  he  did  with  so  little 
decency,  that  at  Sancroft's  consecration  dinner  he  begun 
a  health  to  the  confusion  of  all  that  were  not  for  a  war 
with   France.     He  got  the   prince  of  Orange  to  ask  the 

June,  1677.  king's  leave  to  come  over  at  the  end  of  the  campaign: 
with  which  the  court  of  France  was  not  pleased,  for  they 
suspected  a  design  for  the  marriage.     But  the  king  assured 

Sept.  1677.  Barillon,  who  was  lately  sent  over  ambassador  in  Courtin's 
room  1,  that  there  was  not  a  thought  of  that  ;  that  the 
prince  of  Orange  had  only  a  mind  to  talk  with  him  :  and 
he  hoped  he  should  bring  him  into  such  measures  as  should 
produce  a  speedy  peace. 

The  campaign  ended  unsuccessfully  to  the  prince :  for 

he  sat  down  before  Charleroi,  but  was  forced  to  raise  the 

Sept.  or    siege  2.     When  that  was  over,  he  came  to  England,  and 

ct'  l  li'  staid   some  time  in  it,  talking  with  his  two  uncles  about 

a  peace  ;  but  they  could  not  bring  him  up  to  their  terms  3. 

a  an  active  struck  out. 


1  See  supra  96,  note.  3  See   the  highly   interesting  ac- 

2  Which  occasioned  a  ve^r  severe  count  of  this  in  Temple,  Works,  ii. 
jest,  when  he  came  to  England,  from  419.  According  to  Danby's  Diary, 
the  Earl  of  Mulgrave,  who,  not  being  William  came  on  Oct.  9,  1677  ; 
received  by  him  in  the  manner  ex-  Ranke,  iv.  36,  says  it  was  in  Sep- 
pected,  said,  he  supposed  he  could  rise  tember. 

before  nothing  less  than  a  town.     D. 


of  King  Charles  II.  J2g 

After  a  fruitless  stay  for  some  weeks,  he  intended  to  go  Chap.  VII. 
back,  without  proposing  marriage.  He  had  no  mind  to  be 
denied  :  and  he  saw  no  hope  of  succeeding,  unless  he 
would  enter  more  entirely  into  his  uncle's  measures. 
Lord  Danby  pressed  his  staying  a  few  days  longer,  and 
that  the  management  of  that  matter  might  be  left  to  him  *. 
So  next  Monday  morning,  after  he  had  taken  care  by  all 
his  creatures  about  the  king  to  put  him  in  very  good  409 
humour,  he  came  to  him  and  told  him  he  had  received 
letters  from  all  the  best  friends  the  king  had  in  England, 
and  shewed  a  bundle  of  them  ;  in  which  he  was  pretty  sure 
the  king  would  not  trouble  himself  to  read  them  ;  probably 
they  were  written  as  he  had  directed.  They  all  agreed,  he 
said,  in  the  same  advice,  that  the  king  should  make  a 
marriage  between  the  prince  of  Orange  and  the  duke's 
daughter :  for  they  all  believed  he  came  over  on  that 
account :  and,  if  he  went  away  without  it,  nobody  would 
doubt  but  that  he  had  proposed  it,  and  had  been  denied. 
Upon  which  the  parliament  would  certainly  make  addresses 
to  the  king  for  it :  and  if  the  marriage  was  made  upon  that, 
the  king  would  lose  the  grace  and  thanks  of  it :  but  if  it 
was  still  denied,  even  after  the  addresses  of  both  houses,  it 
would  raise  jealousies  that  might  have  very  ill  consequences. 
Whereas  if  the  king  did  it  of  his  own  motion,  he  would  have 
the  honour  of  it,  and  by  so  doing,  he  would  bring  the  prince 
into  a  greater  dependence  on  himself,  and  beget  in  the 
nation  such  a  good  opinion  of  him  as  would  lay  a  founda- 
tion for  a  mutual  confidence.  This  he  enforced  with  all 
the  topics  he  could  think  on.     The  king  said  the  prince 

1  The  Duke  of  Leeds  (Lord  Danby 's  never  to  dispose  of  his  daughters 
title  afterwards)  told  me  he  wrote  to  without  his  consent  :  and  that  this 
the  prince  to  come  over  by  the  king's  was  a  match  he  would  never  give 
order,  and  that  as  soon  as  he  ar-  his  consent  to.  Lord  Danby  imme- 
rived,  the  duke  (of  York1)  told  him  diately  acquainted  the  king,  who 
in  great  passion  he  understood  the  said  it  was  true  he  had  given  his 
intrigue,  and  that  he  was  the  chief  brother  such  a  promise,  but,  '  God's 
manager,  but  they  should  be  all  dis*  fish'  (his  usual  oath), '  he  must  con- 
appointed,  for  the  king  had  promised  sent.'  D. 
VOL.  II.                                           K 


130  The  History  of  the  Reign 

Chap.  vii.  had  not  so  much  as  proposed  it.  Lord  Danby  owned  he 
had  spoke  of  it  to  himself,  and  that  his  not  moving  it  to  the 
king  was  only  because  he  apprehended  he  was  not  like  to 
succeed  in  it.  The  king  said  next,  My  brother  will  never 
consent  to  it.  Lord  Danby  answered,  Perhaps  not,  unless 
the  king  took  it  upon  him  to  command  it :  and  he  thought 
it  was  the  duke's  interest  to  have  it  done,  even  more  than 
the  king's.  All  people  were  now  possessed  with  his  being 
a  papist,  and  were  very  apprehensive  of  it.  But  if  they 
saw  his  daughter  given  to  one  that  was  at  the  head  of  the 
protestant  interest,  it  would  very  much  soften  those  appre- 
hensions, when  it  did  appear  that  his  religion  was  only 
a  personal  thing,  not  to  be  derived  to  his  children  after 
him.  With  all  this  the  king  was  convinced.  So  he  sent 
for  the  duke,  lord  Danby  staying  still  with  him.  When 
the  duke  came,  the  king  told  him  he  had  sent  for  him  to 
desire  he  would  consent  to  a  thing  that  he  was  sure  was 
as  much  for  his  interest,  as  it  was  for  his  own  quiet  and 
satisfaction.  The  duke,  without  asking  what  it  was,  said 
he  would  be  always  ready  to  comply  with  the  king's 
pleasure  in  every  thing.  So  the  king  left  it  to  the  lord 
Danby  to  say  over  all  he  had  said  on  that  head  to 
himself.  The  duke  seemed  much  concerned :  but  the 
410  king  said  to  him,  Brother,  I  desire  it  of  you  for  my 
sake,  as  well  as  your  own  :  and  upon  that  the  duke 
consented  to  it.  So  lord  Danby  sent  immediately  for 
the  prince  of  Orange,  and  in  the  king's  name  ordered 
a  council  to  be  presently  summoned.  Upon  the  prince 
his  coming,  the  king  in  a  very  obliging  way  said  to  him, 
Nephew,  it  is  not  good  for  man  to  be  alone,  I  will  give 
you  a  help  meet  for  you :  and  so  he  told  him  he  would 
bestow  his  niece  on  him,  and  the  duke  with  a  seeming 
heartiness  gave   his  consent  in  very  obliging  terms :   the 

MS.  208.  king  adding,  Nephew,  remember  that  |  love  and  war 
do  not  agree  well  together.  In  the  mean  while  the  news 
of  the  intended  marriage  went  over  the  court  and  town. 
All,  except  the  French  and  the  popish  party,  were  much 


of  King  Charles  II.  131 

pleased  with  it  *.  Barillon  was  amazed.  He  went  to  Chap.vii. 
the  duchess  of  Portsmouth,  and  got  her  to  send  all  her 
creatures  to  desire  to  speak  to  the  king ;  she  writ  him 
likewise  several  billets  to  the  same  purpose.  But  lord 
Danby  had  ordered  the  council  to  be  called,  and  he  took 
care  that  neither  the  king  nor  the  duke  should  be  spoke  to 
till  the  matter  was  declared  in  council.  And  when  that 
was  done,  the  king  presented  the  prince  to  the  young 
lady,  as  the  person  he  designed  should  be  her  husband  8. 
When  Barillon  saw  it  was  gone  so  far,  he  sent  a  courier  to 
the  court  of  France  with  the  news :  upon  whose  arrival 
Montagu  3,  that  was  then  our  ambassador  there,  was  sent 
for.  When  he  came  to  Versailles,  he  saw  the  king  the 
most  moved  that  he  had  ever  observed  him  to  be.  He 
asked  him,  when  was  the  marriage  to  be  made 4  ? 
Montagu  understood  not  what  he  meant :  so  he  explained 
all  to  him.  Montagu  protested  to  him  that  he  knew 
nothing  of  the  whole  matter.  That  king  said,  he  always 
believed  the  journey  would  end  in  this  :  and  he  seemed  to 
think  that  our  court  had  now  forsaken  him.  He  spoke  of 
the  king's  part  in  it  more  decently,  but  expostulated 
severely  on  the  duke's  part,  who  had  now  given  his 
daughter  to  the  greatest  enemy  he  had  in  the  world.  To 
all  this  Montagu  had  no  answer  to  make  :  but  next  night 
he  had  a  courier  with  letters  both  from  the  king,  the  duke, 
and  the  prince,  to  the  king  of  France.  The  prince  had  no 
mind  to  this  piece  of  courtship,  but  his  uncles  obliged  him 
to  it,  as  a  civility  due  to  kindred  and  blood.  The  king 
assured  the  king  of  France  that  he  had  made  the  match  on 
design  to  engage  the  prince  to  be  more  tractable  in  the 
treaty,  that  was  now  going  on  at  Nimeguen 5.     The  king  of 

1  Reresby,  Memoirs,  124 ;  Hatton  least  before  folkes.'     Hatton  Corre- 

Correspondence  (Camden  Society),  ii.  spondence,  Nov.  10. 

151  ;  Letter  of  Barillon  to  Louis  XIV,  3  Supra  97. 

Nov.  4,  1677  ;  Mignet,  Negotiations,  4  The     marriage    took    place    on 

lie,  iv.  511  ;  Ranke,  iv.  36.  Nov.  15,  1677. 

*  '  The  Prince  is  a  very  fond  hus-  5  '  Many  people  adventure  to  say 

band,  but  she  a  very  coy  bride,  at  that  Nimeguen  is  indeed  the  theatre 

K  % 


132 


The  History  of  the  Reign 


Chap.  VII.  France  received  these  letters  civilly,  but  did  not  seem  much 
satisfied  with  them.  Montagu  was  called  over  soon  after 
this,  to  get  new  instructions,  and  lord  Danby  asked  him 
411  how  the  king  of  France  received  the  news  of  the  marriage. 
He  answered,  As  he  would  have  done  the  loss  of  an  army  ; 
and  that  he  had  spoke  very  hardly  of  the  duke  for  consent- 
ing to  it,  and  not  at  least  acquainting  him  with  it 1.  Lord 
Danby  answered,  he  wronged  him ;  for  he  did  not  know  of 
it  an  hour  before  it  was  published,  and  the  king  himself  not 
above  two  hours.  All  this  relation  I  had  from  Montagu 
himself2.  It  was  a  masterpiece  indeed,  and  the  chief  thing 
in  the  earl  of  Danby 's  ministry,  for  which  the  duke  never 
forgave  him. 


1678. 


Jan.  28, 
*67£. 


Upon  the  general  satisfaction  that  this  marriage  gave 
the  whole  nation,  a  new  session  of  parliament  was  called 
in   the  beginning   of  the   year  78  s:     to  which  the   king 


where  the  piece  is  publicly  repre- 
sented, but  that  all  is  concerted 
behind  the  curtain  in  the  King  of 
Britain's    closet.'      Lindsay    MSS., 

385. 

1  A  week  after  the  marriage  fresh 
conditions  of  peace  were  sent  to 
Louis  :  Danby  states  that  they  were 
the  proposals  of  the  confederates,  not 
of  Charles.  Danby  Papers,  Add. 
MSS.  23,043,  f.  159  ;  Mignet,  Nego- 
tiations, &c,  iv.  512-518.  See,  how- 
ever, Russell's  Life  of  Lord  W.  Rus- 
sell, i.  96-98.  On  Dec.  8,  1677, 
Danby  wrote  to  William :  '  The  fault 
will  now  be  on  your  side  of  the 
water  if  you  have  not  either  the  peace 
upon  the  terms  proposed,  or  us  en- 
gaged as  deep  in  the  war  as  your- 
selves.'    Danby's  Letters,  162. 

*  But  see  Sir  William  Temple's 
Memoirs  and  Letters,  in  which  the 
account  of  all  this  transaction  varies 
in  many  particulars  from  what  is  here 
said.  O.  Ralph,  in  his  History  of 
England,  i.  338,  compares  this  ac- 


count, which  the  bishop  had  from 
Lord  Montagu,  with  that  given  by 
Sir  William  Temple  in  his  Memoirs 
in  vol.  ii.  of  his  works,  who  says  that 
even  Lord  Danby  was  not  in  the 
secret  of  the  king's  sudden  change, 
and  of  his  no  longer  insisting  on  the 
peace  prior  to  the  marriage,  which 
was  effected  by  the  Prince  of 
Orange's  rather  minatory  declara- 
tion, and  by  Temple's  arguments, 
who  communicated  the  resolution  to 
the  prince.     R. 

3  The  Commons  met  on  Jan.  28  in 
great  irritation  at  the  last  adjourn- 
ment {supra  126),  and  debate  upon 
debate  took  place  on  this  matter. 
'  They  had  been  kickt  from  adjourn- 
ment to  adjournment  as  from  one 
stair  down  to  another,  and  when  they 
were  at  the  bottom,  kickt  up  again, 
having  no  mind  yet  to  go  out  of 
door.'  Marvell,  Growth  of  Popery, 
&c,  410.  Nevertheless  on  Jan.  30 
they  voted  ^70.000  '  for  a  solemn 
funeral    of   his    late    Majesty   King 


of  King  Charles  II.  133 

declared  the  sense  he  had  of  the  dangerous  state  their  Chap.  VII. 
neighbours  were  in,  and  that  it  was  necessary  he  should 
be  put  in  a  posture  to  bring  things  to  a  balance.  So  the 
house  was  pressed  to  supply  the  king  in  so  plentiful  a 
manner  as  the  occasion  did  require1.  The  court  asked 
money  both  for  an  army  and  a  fleet.  Sir  W.  Coventry 
shewed  the  great  inconvenience  of  raising  a  land  army,  the 
danger  that  might  follow  on  it,  the  little  use  could  be 
made  of  it,  and  the  great  charge  it  must  put  the  nation 
to.  He  was  for  hiring  bodies  from  the  German  princes, 
and  for  assisting  the  Dutch  with  money:  and  moved  to 
recall  our  troops  from  France,  and  to  employ  them  in  the 
Dutch  service.  He  thought  that  which  did  more  properly 
belong  to  England,  was  to  set  out  a  great  fleet,  and  to  cut 
off  the  French  trade  every  where.  For  they  were  then 
very  high  in  their  manufactures  and  trade ;  their  people 
were  ingenious  as  well  as  industrious ;  they  wrought  hard, 
and  lived  low ;  so  they  sold  cheaper  than  others  could  do ; 
and  it  was  found  that  we  sent  very  near  a  million  of  our 
money  in  specie  every  year  for  the  balance  of  our  trade 
with  them.  But  the  king  had  promised  so  many  commis- 
sions to  men  of  quality  in  both  houses,  that  this  carried  it 
for  a  land  army  2.     It  was  said,  what  hazard  could  there 

Charles.'     Pari.  Hist.  iv.  907.     For  the  support  of  his  Majesty's  present 

the  violent  scenes  which  took  place  alliances';  on  the  8th,  that  thirty-two 

when   the   Speaker  left    the    chair,  regiments  should  be  equipped ;    on 

Feb.  4, 167^,  see  Townsend's  History  the  18th,  that  a  million  pounds  should 

of  the  House  of  Commons,  i.  33.  be  raised  to  enable  the  king  to  go  to 

1  It  is  worth  noticing  that  Charles  war  with  France,  and  that  one  part 
Bertie,  brother-in-law  of  Danby,  and  should  be  raised  by  a  poll-tax  on  all 
Secretary  to  the  Treasury,  expended  but  paupers,  and  one  part  by  a  tax 
on  secret  service,  and  without  ac-  on  buildings  erected  since  1656. 
count,  nearly  £250,000  between  Commons  Journals.  It  is  clear  how- 
March  25,  1676,  and  March  15,  i67f.  ever  from  Barillon's  dispatches,  that 
Lindsay  MSS.,  H.  M.  C.  Rep.  xiv,  there  was  little  confidence  in  any  real 
App.  Part  ix.  403 ;  Commons  Jour-  intention  of  the  king  to  go  to  war 
nals,  May  10,  1679.  with  France.     See  Mignet,  Ne'gocia- 

2  On  Feb.  5  it  was  voted  that  the  tions,  dec.,  iv.  521.  There  is  no  speech 
king  should  be  supported  in  the  alii-  of  William  Coventry  recorded  in 
ance  with  the  Dutch,  and,  on  Feb.  6}  these  debates.  Pari.  Hist.  iv.  943- 
that '  ninety  ships  are  necessary  for  950 ;  Marvell,  Feb.  9,  167^. 


134  The  History  of  the  Reign 

Chap. vii.  be  from  an  army  commanded  by  men  of  estates,  as  this 
was  to  be?  A  severe  act  passed,  prohibiting  all  importation 
of  the  French  manufacture  or  growth  for  three  years,  and 
to  the  next  session  of  parliament  after  that.  This  was 
made  as  strict  as  was  possible :  and  for  a  year  after  it  was 
well  looked  to.  But  the  merchants  found  ways  to  evade 
it,  and  the  court  was  too  much  French  not  to  connive  at  the 

MS.  209.  breach  of  it.  |  In  the  preamble  to  this  act  it  was  set  forth  that 
we  were  in  an  actual  war  with  France.  This  was  excepted 
to,  as  not  true  in  fact.  But  the  ministry  affirmed  we  were 
412  already  engaged  so  far  with  the  allies,  that  it  was  really 
a  war,  and  that  our  troops  were  already  called  home  from 
France1.  Coventry2  in  some  heat  said,  the  king  was 
engaged,  and  he  would  rather  be  guilty  of  the  murder  of 
forty  men  than  do  any  thing  to  retard  the  progress  of  the 
war.  The  oddness  of  the  expression  made  it  to  be  often 
objected  afterwards  to  him.  A  poll  bill  was  granted,  to- 
gether with  the  continuance  of  the  additional  customs,  that 
were  near  falling  off.  Six  hundred  thousand  pound  was 
also  given  for  a  land  army  and  for  a  fleet.  All  the  court 
party  magnified  the  design  of  raising  an  army 3.  They 
said  the  employing  hired  troops  was  neither  honourable 
nor  safe.  The  Spaniards  were  willing  to  put  Ostend  and 
Nieuport  in  our  hands :  and  we  could  not  be  answerable 
for  these  places,  if  they  were  not  kept  by  our  own  people. 

At  this  time  the  king  of  France  made  a  step  that  struck 
terror  into  the  Dutch,  and  inflamed  the  English  out  of 
measure.  Louvois  till  then  was  rather  his  father's  assistant, 
than  a  minister  upon  his  own  foot.  He  at  this  time  gained 
the  credit  with  the  king  that  he  maintained  so  long  after- 
wards. He  proposed  to  him  the  taking  of  Ghent,  and 
thought  that  the  king's  getting  into  such  a  place,  so  near 

1  Danby  was  eager  for  war  with  2  scil.  Henry  Coventry. 

France.     See  the  terms  of  agreement  3  This  was  in  the  earlier  debate  of 

with  the  Dutch  arranged  in  conver-  Jan.  28,  167^,  on  the  adjournments, 

sation    between    Temple    and  Van  See  infra  186  ;  Pari.  Hist.  iv.  900. 
Beuninghen.     Lindsay  MSS.  393. 


of  King  Charles  II.  135 

the  Dutch,  would  immediately  dispose  them  to  a  peace.  Ch.  VIII. 
But  it  was  not  so  easy  to  bring  their  army  so  soon  about 
it  without  being  observed  :    so  the  execution  seemed  im- 
possible.    He  therefore  laid  such  a  scheme  of  marches  and 
countermarches,  as  did  amuse  all  the  allies.     Sometimes 
the  design  seemed  to  be  on  the  Rhine,  sometime  on  Lux- 
embourg :  and  while  their  forces  were  sent  to  defend  those 
places  where  they  apprehended  the  design  was  laid,  and 
that  none  of  the  French  generals  themselves  did  apprehend 
what  the  true  design  was,  all  of  the  sudden  Ghent  was     March 
invested,  and  both  town  and  citadel  were  quickly  taken,  5_I2'     ls' 
This  was  Louvois's  masterpiece,  and  it  had  the  intended 
effect.     It  brought  the  Dutch  to  resolve  on  a  peace.     The 
French  king  might  have  taken  both  Bruges,  Ostend,  and  March  25. 
Nieuport :   but  he  had  no  mind  to  provoke  England.     He 
was  sure  of  his  point  by  the  fright  it  put  the  Dutch  in, 
We  were  much  alarmed  at  this  :  the  Duke  of  Monmouth 
was  immediately  sent  over  with  some  of  the  guards  l. 


CHAPTER  VIII. 

SCOTCH   AFFAIRS.      JUDICIAL   MURDER   OF  MITCHELL. 

THE   HIGHLAND   INVASION   OF   THE   WEST. 

PEACE   OF   NIMEGUEN. 

But  the  parliament  grew  jealous,  as  they  had  great 
cause  given  them,  both  by  what  was  then  a  doing  in 
Scotland,  and  by  the  management  they  observed  at  court. 
And  now  I  must  look  northward  to  a  very  extraordinary 
scene    then    opened   there.      Duke   Lauderdale    and    his 

1  See  Mignet,  Negotiations,  &c,  iv.  English  ro3ral  family,  determined  the 

537-544,    for   an    analysis    of  these  States,  in  spite  of  William's  vehement 

events.     Louis's  successes,  together  opposition,  to  conclude  a  separate 

with  the  jealousy  aroused  among  the  peace  with  France. 
Dutch  by  William's  union  with  the 


136  The  History  of  the  Reign 

Ch.  VIII.  duchess  went  to  Scotland  the  former  year:  her  design  was 
to  marry  her  daughters  into  two  of  the  great  families  of 
413  Scotland,  Argyll  and  Murray,  which  she  did1.  But  things 
being  then  in  great  disorder,  by  reason  of  the  numbers 
and  desperate  tempers  of  those  who  were  intercommuned, 
Sharp  pretended  he  was  in  great  danger  of  his  life ;  and 
that  the  rather,  because  the  person  that  had  made  the 
attempt  on  him  was  let  live  still.  Upon  this  I  must  tell 
what  had  passed  three  year  before  this 2.  Sharp  had 
observed  a  man  that  kept  shop  at  his  door,  who  looked 
very  narrowly  at  him  always  as  he  passed  by:  and  he 
fancied  he  was  the  man  that  had  shot  at  him  six  year 
before 3.  So  he  ordered  him  to  be  taken  up,  and  ex- 
amined. It  was  found  he  had  two  pistols  by  him  that 
were  deeply  charged,  which  increased  the  suspicion.  Yet 
the  man  denied  all.  But  Sharp  got  a  friend  of  his  to  go 
to  him,  and  deal  with  him  to  make  a  full  confession,  and 
he  made  solemn  promises  that  he  would  procure  his  par- 
don. His  friend  answered,  he  hoped  he  did  not  intend  to 
make  use  of  him  to  trepan  a  man  to  his  ruin.  Upon  that, 
with  lifted  up  hands,  he  promised  by  the  living  God,  that 
no  hurt  should  come  to  him  if  he  made  a  full  discovery. 
The  person  came  again  to  him,  and  said,  if  that  promise 
were  made  in  the  king's  name,  the  prisoner  would  tell  all. 
So  it  was  brought  before  the  council.  Lord  Rothes,  Halton4, 
and  Primrose  were  ordered  to  examine  him.  Primrose 
said,  it  would  be  a  strange  force  of  eloquence  to  persuade 
a  man  to  confess  and  be  hanged.  So  duke  Lauderdale, 
being  the  king's  commissioner,  gave  them  power  to  promise 
him  his  life  ;  and  as  soon  as  these  lords  told  him  this,  he 
immediately  kneeled  down,  he  confessed  the  fact,  and  told 
the  whole  manner  of  it.     There  was  but  one  person  privy 

1  The    elder,   Elizabeth,   married  John,  15th  Earl  of  Sutherland. 

Lord    Lome,  afterwards    1st   Duke  2  In  Feb.  and  March,  167I.     Wod- 

of  Argyll ;    the  younger,  Catherine,  row,  ii.  248-252. 

was  married,   first  to   James,  Lord  3  On  July  11,  1668.     Vol.  i.  501; 

Down,  eldest  son  of  Alexander,  4th  Wodrow,  ii.  115. 

Earl   of    Murray,    and    secondly   to  *  Upon  this  title  see  infra  310. 


of  King  Charles  II.  137 

to  it,  who  was  then  dead.  So  Sharp  was  troubled  to  see  Ch.  VIII. 
so  small  a  discovery  made  :  yet  they  could  not  draw  more 
from  him.  So  then  it  was  considered  what  should  be  done 
to  him.  Some  moved  the  cutting  off  his  right  hand. 
I  Others  said,  he  might  learn  to  practise  with  his  left  hand,  MS.  210. 
and  to  take  his  revenge ;  therefore  they  thought  both  hands 
should  be  cut  off.  Lord  Rothes,  who  was  a  pleasant  man, 
said.  How  shall  he  wipe  his  breech  then  ?  This  is  not  very 
decent  to  be  mentioned  in  such  a  work,  if  it  were  not 
necessary ;  for  when  the  truth  of  the  promise  now  given 
was  afterwards  called  in  question,  this  jest  was  called  to 
mind,  and  made  the  whole  matter  a  to  be  remembered a. 
But  Primrose  moved,  that  since  life  was  promised,  which 
the  cutting  off  a  limb  might  endanger,  it  was  better  to 
keep  him  prisoner  during  life  in  a  castle  they  had  in  the 
Bass,  a  rock  in  the  mouth  of  the  Frith :  and  thither  he 
was  sent 1.  But  it  was  thought  necessary  to  make  him 
repeat  his  confession  in  a  court  of  judicature :  so  he  was 
brought  into  the  justiciary  court,  upon  an  indictment  for  the 
crime,  to  which  it  was  expected  he  should  plead  guilty. 
But  the  judge,  who  hated  Sharp,  as  he  went  up  to  the  414 
bench,  passing  by  the  prisoner,  said  to  him,  Confess 
nothing,  unless  you  are  sure  of  your  limbs  as  well  as  of 
your  life.  Upon  this  hint,  he,  apprehending  the  danger, 
refused  to  confess :  which  being  reported  to  the  council, 
an  act  passed,  mentioning  the  promise  and  his  confession, 
and  adding  that  since  he  had  retracted  his  confession,  they 
likewise  recalled  the  promise  of  pardon  ;  the  meaning  of 
which  was  this,  that  if  any  other  evidence  was  brought 
against  him  the  promise  should  not  cover  him  :  but  it  still 
was  understood,  that  this  promise  secured  him  from  any 

a  substituted  for  more  certain. 


1  He  had  first  been  imprisoned  in  Jan.  i66|   and  remained  there  until 

the   Tolbooth,    had  endeavoured   to  Dec.    6.     The    trial    in    Edinburgh 

escape,  and  had  been  put  to  the  tor-  began  on  Jan.  7,  167^.     Wodrow,  ii. 

ture.     He  was  sent  to  the  Bass  in  455-472. 


T38  The  History  of  the  Reign 

Ch.  viii.  ill  effect  by  his  own  confession.  The  thing  was  almost 
forgot  after  four  years,  the  man  being  in  all  respects  so 
very  inconsiderable.  But  now  Sharp  would  have  his  life. 
So  duke  Lauderdale  gave  way  to  it,  and  he  was  brought 
to  Edinburgh  in  order  to  his  trial.  Nisbet,  who  had  been 
the  king's  advocate,  and  was  one  of  the  worthiest  and 
learnedest  men  of  the  age,  was  turned  out,  and  Mackenzie 1 
was  put  in  his  place,  who  was  a  man  of  much  life  and  wit, 
but  it  was  neither  equal  nor  correct.  He  has  also  published 
many  books,  some  of  law,  but  all  full  of  faults  ;  for  he  was 
a  slight  and  superficial  man.  Lockhart  was  assigned  coun- 
sel for  the  prisoner.  And  now  that  the  matter  came  again 
into  people's  memory,  all  were  amazed  at  the  proceeding. 
Primrose  was  turned  out  of  his  place  of  register,  and  was 
made  justice  general 2.  He  was  a  man  of  most  exquisite 
malice,  and  was  too  much  pleased  with  the  thoughts  that 
the  greatest  enemies  he  had  were  to  appear  before  him, 
and  to  perjure  themselves  in  his  court :  yet  he  fancied 
orders  had  been  given  to  raze  the  act  that  the  council  had 
made :  so  he  turned  the  books,  and  found  the  act  still  on 
record.  He  took  a  copy  of  it,  and  sent  it  to  Mitchell's 
counsel :  that  was  the  prisoner's  name.  And  a  day  or  two 
before  the  trial  he  went  to  duke  Lauderdale,  who,  together 
with  Sharp,  lord  Rothes,  and  lord  Halton,  were  summoned 

1  scil.  Sir    George    Mackenzie    of  were  entirely  unconnected,  accord- 

Rosehaugh,     appointed     Advocate-  ing   to    Omond,  with   the    Mitchell 

General  Aug.  23,   1677,  the  writer  case.     Lord  Advocates  of  Scotland,  i. 

of  the  Memoirs.     See  Hickes's  state-  198.     His  character,  as  summed  up 

ment,    Ellis,    Original   Letters,    2nd  by  Omond,    '  when  bad  men  were 

Series,   iv.  49  ;    '  The  king's   advo-  common,  he  was  one  of  the  worst,' 

cate  being  a  fanatic  would  not  pursue  {id.  199),  is  in  strong  contrast  with 

him.'  Lauderdale  therefore  got  rid  of  the  '  worthiest '  of  Burnet ;  all  are 

Nisbet  to  appoint  Mackenzie,  '  who  agreed  as  to  his  legal  acquirements, 

upon  my    Lord's   moving    and   the  See  also  Mackenzie,  Memoirs,  324. 

council's  pursued  him  like  a  gallant  On  Mackenzie,  see  Lord  Advocates  of 

man  and  a  good  Christian.'     Nisbet  Scotland,  i.  202-205,  235.     He  died 

was  appointed  Nov.  3, 1664,  and  was  May  8,  1691. 

forced  to  resign  in  1677  upon  matters  2  This  was  to  please  the  Duchess 

which,  while  bringing  him  into  con-  of  Lauderdale.     Id.  214. 
flict  with  the  Lauderdale  influences, 


of  King  Charles  II.  139 

as  the  prisoner's  witnesses.  He  told  him  many  thought  Ch.  VIII. 
there  had  been  a  promise  of  life  given.  Duke  Lauderdale 
denied  it  stiffly.  He  said  he  heard  there  was  an  act  of 
council  made  about  it,  and  he  wished  that  might  be  looked 
into.  Duke  Lauderdale  said  he  was  sure  it  was  not  pos- 
sible, and  he  would  not  give  himself  the  trouble  to  turn 
over  the  books  of  council.  Primrose,  who  told  me  this, 
said  his  conscience  led  him  to  give  duke  Lauderdale  this 
warning  of  the  matter,  but  that  he  was  not  sorry  to  see 
him  thus  reject  it :  and  upon  it  he  said  within  himself,  '  I 
have  you  now.'  The  trial  was  very  solemn.  His  confes- 
sion was  brought  against  him,  as  full  evidence :  upon  which 
Lockhart  did  plead,  to  the  admiration  of  all,  to  shew  that 
no  extrajudicial  confession  could  be  allowed  in  a  court. 
The  hardships  of  a  prison,  the  hopes  of  life,  with  other 
practices,  might  draw  confessions  from  men,  when  they 
were  perhaps  drunk,  or  out  of  their  senses.  He  brought  415 
out  upon  this  a  measure  of  learning  that  amazed  the 
audience,  out  of  the  lawyers  of  all  civilized  nations :  and 
when  it  was  opposed  to  this,  that  the  council  was  a  court 
of  judicature,  he  shewed  that  it  was  not  the  proper  court 
for  crimes  of  this  nature,  and  that  it  had  not  proceeded  in 
this  as  a  court  of  judicature :  and  he  brought  likewise  a 
great  deal  of  learning  upon  those  heads.  But  this  was 
overruled  by  the  court,  and  the  confession  was  found 
judicial.  The  next  thing  pleaded  for  him  was,  that  it  was 
drawn  from  him  upon  hope  and  promise  of  life :  and  to 
this  Sharp  was  examined.  The  person  he  had  sent  to 
Mitchell  gave  a  full  evidence  of  the  promises  he  had  made 
to  him,  but  Sharp  denied  them  all.  He  also  denied  he 
heard  any  promise  of  life  made  him  by  the  council :  so  did 
both  the  lords  of  Lauderdale,  Rothes,  and  Halton,  to  the 
astonishment  of  all  that  were  present.  Lockhart  upon 
that  produced  a  copy  of  the  act  of  council  that  made 
express  |  mention  of  the  promise  given,  and  of  his  having  MS.  21  r. 
confessed  upon  that  :  and  the  prisoner  prayed  that  the 
books  of  council,  which  lay  in  a  room  overhead  to  that 


140  The  History  of  the  Reign 

Ch.  VIII.  in  which  the  court  sat,  might  be  sent  for  K  And  Lockhart 
pleaded  that  since  the  court  had  judged  that  the  council 
was  a  judicature,  all  people  had  a  right  to  search  into  their 
registers  ;  and  the  prisoner,  who  was  like  to  suffer  by  a 
confession  made  there,  ought  to  have  the  benefit  of  those 
books.  Duke  Lauderdale,  who  was  in  the  court  only  as 
a  witness,  and  so  had  no  right  to  speak,  stood  up,  and 
said,  he  hoped  he  and  those  other  noble  persons  were  not 
brought  thither  to  be  accused  of  perjury ;  and  added  that 
the  books  of  council  were  the  king's  secrets,  and  that  no 
court  should  have  the  perusing  of  them.  The  court  was 
terrified  with  this,  and  were  divided  in  opinion.  Primrose 
and  one  other  was  for  calling  for  the  books.  But  three 
were  of  opinion  that  they  were  not  to  furnish  the  prisoner 
with  evidence,  but  to  judge  of  that  which  he  brought.  So 
here  was  only  a  bare  copy,  not  attested  upon  oath,  which 
ought  not  to  have  been  read.  So  this  defence  being 
rejected,  he  was  cast  and  condemned. 

As  soon  as  the  court  broke  up,  8  the  lords  a  went  up  stairs, 
and  to  their  shame  found  the  act  recorded,  and  signed  by 
lord  Rothes  as  president  of  the  council.  He  pretended  he 
signed  every  thing  that  the  clerk  of  council  put  in  the  book 
without  reading  it :  and  it  was  intended  to  throw  it  on  him. 
But  he,  to  clear  himself,  searched  among  his  papers,  and 
found  a  draught  of  the  act  in  Nisbet's  hand.  So,  he  being 
rich  and  one  they  had  turned  out,  they  resolved  to  put  it 
416  upon  him,  and  to  fine  him  deeply.  But  he  examined  the 
sederunt  in  the  book,  and  spoke  to  all  who  were  there  at 
the  board,  of  whom  nine  happened  to  be  in  town,  who  were 
ready  to  depose  upon  oath,  that  when  the  council  had 
ordered  that  act  to  be  drawn,  the  clerk  of  council  desired 

0  substituted  for  Lauderdale  and  Rothes  with  the  others. 


1  Mackenzie  states  that  Lockhart  ii.  464  and  470,  note;  Omond,  Lord 

refused  to  speak  for  Mitchell,  being  Advocates  of  Scotland,  i.  215;  Foun- 

unwilling  to  offend  Lauderdale.  But  tainhall's  Decisions. 
this  is  clearly  wrong.    See  Wodrow, 


of  King  Charles  II.  141 

the  help  of  the  kings  advocate  in  penning  it,  which  he  did,  Ch.  VIII. 
and  his  draught  was  approved  by  the  council :  and  now 
lord  Rothes's  jest  was  remembered.  Yet  duke  Lauderdale 
still  stood  to  it,  that  the  promise  could  only  be  for  inter- 
ceding with  the  king  for  his  pardon,  since  the  council  had 
not  the  power  of  pardoning  in  them.  Lord  Kincardine 
acted  in  this  the  part  of  a  Christian  to  an  enemy.  Duke 
Lauderdale  had  writ  to  him,  he  being  then  serving  for  him 
at  court,  that  he  referred  the  account  of  Mitchell's  business 
to  his  brother's  letters ;  in  which  the  matter  was  truly 
related,  that  upon  promise  of  life  he  had  confessed  the 
fact ;  and  he  concluded  desiring  him  to  ask  the  king  that 
he  would  be  pleased  to  make  good  the  promise.  These 
letters  I  saw  in  lord  Kincardine's  hands.  Before  the  trial 
he  sent  a  bishop  to  duke  Lauderdale,  desiring  him  to  con- 
sider better  of  that  matter,  before  he  would  upon  oath  deny 
it  :  for  he  was  sure  he  had  it  under  his  and  his  brother's 
hand,  though  he  could  not  yet  fall  upon  their  letters.  But 
duke  Lauderdale  despised  this.  Yet  before  the  execution 
he1  went  to  his  house  in  the  country,  and  there  he  found  the 
letters,  and  brought  them  in  with  him,  and  shewed  them  to 
that  bishop.  All  this  made  some  impression  on  duke 
Lauderdale,  and  he  was  willing  to  grant  a  reprieve,  and 
refer  the  matter  to  the  king.  So  a  petition  was  offered  to 
the  council,  and  he  spoke  for  it.  But  Sharp  said,  that  was 
upon  the  matter  the  exposing  his  person  to  any  man  that 
would  attempt  to  murder  him,  since  favour  was  to  be 
shewed  to  such  an  assassinate.  Then  said  duke  Lauder- 
dale, in  an  impious  jest,  Let  Mitchell  glorify  God  in  the 
Grass  Market,  which  was  the  place  where  he  was  to  be 
hanged2.     This  action,  and  all  concerned  in  it,  were  looked 

1  sal.  Kincardine.  this  reason  afterward,  when  it  was 

8  According    to     Higgons,    upon  resolved  to  hang  him,  the  duke  said, 

Mitchell's     examination,    he     being  '  Let  Mitchell  glorify  God  in  the  Grass 

asked  what  induced  him  to  make  so  Market.'    Bevill  Higgons's  Remarks, 

wicked  an  attempt  upon  the  person  206.      Salmon    relates,  but  without 

of  the   archbishop,  replied,  that  he  mentioning    his    authority,  that  the 

did  it  for  the  glory  of  the  Lord  ;  for  archbishop  moved  in  council  to  have 


142  The  History  of  the  Reign 

Ch.  viii.  at  by  all  people  with  horror.  And  it  was  such  a  complica- 
tion of  treachery,  perjury,  and  cruelty,  as  the  like  had  not 
perhaps  been  known  :  and  yet  duke  Lauderdale  had  a 
chaplain,  Hickes1,  afterwards  dean  of  Worcester,  who  pub- 
lished a  false  and  partial  relation  of  this  matter,  in  order  to 
the  justifying  of  it 2,  who  was  turned  out  for  not  taking  the 
oaths  to  the  late  king.  Primrose  not  only  gave  me  an 
account  of  this  matter,  but  sent  me  up  an  authentic  record 
of  the  trial,  every  page  signed  by  the  clerk  of  the  court,  of 
which  I  have  here  given  the  abstract  3.  This  I  set  down 
the  more  fully,  to  let  my  readers  see  to  what  a  height  in 
wickedness  men  may  be  carried  after  they  have  once  thrown 
off  a  good  principles.  What  Sharp  did  now  to  preserve 
himself  from  such  practices  was  probably  that  which,  both 
417  in  the  just  judgment  of  God  and  the  inflamed  fury  of  wicked 
men,  brought  him  two  years  after  to  such  a  dismal  fate. 

MS.  212.  |  Primrose  did  most  inhumanly  triumph  upon  this  matter, 
and  said  it  was  the  great  glory  of  his  life,  that  the  four 
greatest  enemies   he   had    should    come  and  consign  the 

a  ail  struck  out. 


the    assassin    reprieved.    Examina-  dary  of  Worcester  in  June,  1680,  and 

tion,    762.     In    a    letter,    however,  dean  in  Aug.,  1683.     As  one  of  the 

lately   published,    Dr.    Hickes   Says  non-jurors  he  was  deprived  in  Feb., 

that  Mitchell  was  not  at  first  prose-  16$$.     He  died  in  Dec,  1715. 

cuted,  because  the  archbishop  would  2  Hickes's  Narrative  of  Mitchell's 

not  pursue  him  in  causa  sanguinis,  trial,    under     the      title     '  Ravillac 

adding,    that    the    king's    advocate,  Redivivus,'     really     a     defence     of 

Nisbet,  would  not,  being  a  fanatic.  Lauderdale    regarding   the   western 

Ellis's  Second  Series  of  Letters,  iv.  40.  invasion,  written   to  order,  will  be 

See  more  below  relative  to  this  un-  found   in   the    Somers    Tracts,   viii. 

happy  business,  infra,  310.     R.  511.       It    was    published    in    1678, 

1  George  Hickes  was  made  chap-  and  a  second  edition,  enlarged,  in 

lain  to  Lauderdale  in  1676,  and  was  1682.       See  Lauderdale  Papers,  iii. 

employed     to     defend     him     when  116,  &c. 

attacked   in  1678.     Infra  146,  note.  3  Lee,  State  Trials,  vi.  1207-1262; 

In  April,    1678,   he   was   sent  with  Kirkton,  Hist,  of  Scotland,  383,  384  ; 

Alexander  Burnet  to  represent  the  Burton,   Hist,  of  Scotland,  vii.   482- 

Church    case   to  the  king  and    the  490;  Fountainhall,  Historical  Notices, 

English  bishops.     In  Dec,  1679,  he  90,  182-185. 
was  made  a  D.D.  of  Oxford,  Prcben- 


of  King  Charles  II.  143 

damnation  of  their  souls  in  his  hands.     I  told  him  that  was  Ch.  VI II. 

an  expression  fitter   for   a  devil  than    a  Christian.     The     „~~    „ 

•  •    1     1  Jan-  ,8' 

poor    creature   died    more    pitied    than    could   have   been      16-j. 

imagined. 

This  made  way  to  more  desperate  undertakings.  Con- 
venticles grew  in  the  west  to  a  very  unsufferable  pitch : 
they  had  generally  with  them  a  troop  of  armed  and 
desperate  men,  that  drew  up  and  sent  parties  out  to  secure 
them.  Duke  Lauderdale  upon  this  threatened  that  he 
would  extirpate  them,  and  ruin  the  whole  country,  if  a  stop 
was  not  put  to  those  meetings.  The  chief  men  of  those 
parts  upon  that  went  into  Edinburgh ;  they  offered  to 
guard  rand  assist  any  that  should  be  sent  to  execute  the 
laws  against  all  offenders,  and  offered  to  leave  some  as 
hostages,  who  should  be  bound  body  for  body,  for  their 
security.  They  confessed  there  were  many  conventicles 
held  among  them  in  a  most  scandalous  manner :  but 
though  they  met  in  the  fields,  and  many  of  them  were 
armed,  yet  when  their  sermons  were  done  they  dispersed 
themselves :  and  there  was  no  violent  opposition  made  at 
any  time  to  the  execution  of  the  law.  So  they  said  there 
was  no  danger  of  the  public  peace  of  the  country.  Those  con- 
venticling  people  were  become  very  giddy  and  furious,  and 
some  hot  and  hair-brained  young  preachers  had  the  chief 
following  among  them,  who  infused  wild  principles  in  them, 
which  were  disowned  by  the  chief  men  of  the  party.  The 
truth  was,  the  country  was  in  a  great  distraction,  and  that 
was  chiefly  occasioned  by  the  strange  administration  they 
were  then  under.  Many  grew  weary  of  their  country,  and 
even  of  their  lives.  If  duke  Lauderdale,  or  any  of  his 
party,  brought  a  complaint  against  any  of  the  other  side, 
how  false  or  frivolous  soever,  they  were  summoned  upon  it 
to  appear  before  the  council,  as  sowers  of  sedition,  and  as 
men  that  spread  lies  of  the  government :  and  upon  the 
slightest  pretences  they  were  fined  and  imprisoned.  When 
very  illegal  things  Were  to  be  done,  the  common  method 
was  this :  a  letter  was  drawn  to  be  signed   by  the  king, 


144  The  History  of  the  Reign 

Ch.  viii.  directing  it,  upon  some  colour  of  law  or  ancient  practice. 
The  king  signed  whatsoever  was  thus  sent  to  him,  and  when 
his  letter  was  read  in  council,  if  any  of  the  lawyers  or  others 
of  the  board  offered  to  object  to  it,  he  was  brow-beaten  as 
a  man  that  opposed  the  king's  service,  and  that  refused  to 
obey  his  orders.  And  by  this  means  things  were  driven  to 
great  extremities  1. 

Upon  one  of  those  letters,  a  new  motion  was  set  on  foot, 
that  went  beyond  all  that  had  been  yet  made.  All  the 
landlords  in  the  western  counties  were  required  to  enter 
into  bonds  for  themselves,  their  wives,  children,  servants, 
418  tenants,  and  all  that  lived  upon  their  estates,  that  they 
should  not  go  to  conventicles,  nor  harbour  any  vagrant 
teachers,  or  any  intercommuned  persons,  and  that  they 
should  live  in  all  points  according  to  law,  under  the  penal- 
ties of  the  laws.  This  was  generally  refused  by  them : 
they  said  the  law  did  not  impose  it  on  them  :  they  could 
not  be  answerable  for  their  servants,  much  less  for  their 
tenants.  This  put  it  in  the  power  of  every  servant  or 
tenant  to  ruin  them.  Upon  their  refusing  this,  duke 
Lauderdale  writ  to  the  king2,  that  the  country  was  in  a 
state  of  rebellion,  and  that  it  was  necessary  to  proceed  to 
hostilities  for  reducing  them.     So  by  a  letter  such  as  he 

1    In  the  Portland  MSS.,H.  M.  C.  ports  adverse  to    Lauderdale  about 

Rep.  xiii,  App.  Part  ii.  37-50,  there  London.     In  the  third,  he  states  that 

are  several  letters  from  Hickes,  dated  the  leaders  of  the  fanatics  have  fled 

respectively  Oct.  23,  Nov.  20,  Nov.  to  Northumberland,  where  they  hope 

24,  and  Dec.  17,  1677.     In  the  first,  to  be  joined  by  the  Papists  ;  and  in 

he  says  that  Lauderdale's  enemies,  the    fourth,    he     again     implicates 

in  order  to  discredit  him  with  the  Burnet. 

bishops,  have  spread  a  report  that  2  '  In  the  meantime  they  doe  not 

he  intends  indulgence  for  the  Whigs  ;  rise   in   armes   in    the  west.     How 

that,   in   their   disappointment,    the  soone  they  may  take  armes  no  man 

Whigs  in  the  west  are  intending  to  can  tell ;  for,  as  I  have  often  said, 

rise,  and  that '  upon  their  first  motion  they  are    perfitely   fifth    monarchy 

several  thousand  Highlanders  will  be  men,  and  no  judgment  can  be  made 

brought  down  to  cut  them  off  and  upon  the  grounds  of  reason   what 

quarter  on  their  country.'     In  the  they  may  attempt.'      Lauderdale  to 

second,  the  correspondence  between  Danby,  Nov.   8,   1677.      Lauderdale 

Burnet  and  Hamilton  is  referred  to  Papers,  iii.  89. 
as  the  chief  means  of  scattering  re- 


of  King  Charles  II.  145 

sent  up,  the  king  left  it  to  him  and  the  council  to  take  care  Ch.  viii. 
of  the  public  peace  in  the  best  wa)'  they  could.  Upon  this, 
all  the  force  the  king  had  was  sent  into  the  west  country, 
with  some  cannon,  as  if  it  had  been  for  some  dangerous 
expedition  :  and  letters  were  writ  to  the  lords  in  the  High- 
lands, to  send  all  the  strength  they  could  to  assist  the 
king's  army  1.  The  marquis  of  Athol  to  shew  his  greatness 
sent  2400  men.    The  earl  of  Breadalbane  sent  1700  ;  and  in      Jan.- 

March 

all,  8000  men  were  brought  into  the  country,  and  let  loose  l6  7  ' 
upon  free  quarter.  A  committee  of  council  was  sent  to 
give  necessary  orders.  Here  was  an  army  :  but  no  enemy 
appeared.  The  Highlanders  were  very  unruly,  and  stole 
and  robbed  every  where  2.  The  gentlemen  of  the  country 
were  required  to  deliver  up  their  arms  upon  oath,  and  to 
keep  no  horse  above  four  pound  price.  The  gentlemen 
looked  on,  and  would  do  nothing.  This  put  duke  Lauder- 
dale in  such  a  frenzy,  that  at  council  table  he  made  bare 
his  arm  above  his  elbow,  and  swore  by  Jehovah  he  would 
make  them  all  enter  into  those  bonds.  Duke  Hamilton 
and  others,  who  were  vexed  to  see  such  waste  made  on 
their  estates,  in  ploughing  time  especially,  came  to  Edin- 
burgh to  try  if  it  was  possible  to  mollify  him  :  but  a  procla- 
mation was  issued  out,  requiring  all  the  inhabitants  of  those 
counties  to  go  to  their  houses,  to  be  assistant  to  the  king's 
host,  and  to  obey  such  orders  as  should  be  sent  them  ;  and 
by  another  proclamation,  all  men  were  forbidden  to  go  out 
of  the  kingdom  without  leave  from  the  council,  on  pretence 
that  their  stay  was  necessary  for  the  king's  service.  These 
things  seemed  done  on  design  to  force  a  rebellion  ;  which 
they  thought  would  be  soon  quashed,  and  would  give 
a  I  good    colour    for   keeping   up   an   army.      And    duke  MS.  213. 

1  The  border  on  the  English  side  Dec.  21,  1677.'  Id.  95.  It  was  an 
was  also  occupied  in  force.     Id.  91.  excellent  opportunity  for  the  broken 

2  In  this  most  atrocious  act  the  Highland  nobles  to  recruit  their 
bishops  of  Scotland  actively  co-  finances,  and  they  used  it  well.  The 
operated,  if  they  did  not  suggest  it.  king's  letter  approving  of  this  inva- 
See  their  '  Suggestions  for  the  sup-  sion  is  dated  March  26,  1678. 
pression  of  conventicles  in  the  West,  H.  M.  C.  Rep.  ix.  no. 

VOL.  II.  L 


146  The  History  of  the  Reign 

Ch.  VIII.  Lauderdale's  party  depended  so  much  on  this,  that  they 
began  to  divide  in  their  hopes  the  confiscated  estates 
among  them  :  so  that  on  Valentine's  day,  instead  of  draw- 
ing mistresses,  they  drew  estates ;  and  great  joy  appeared 
in  their  looks  upon  a  false  alarm  that  was  brought  them  of 
an  insurrection,  and  they  were  as  much  dejected  when  they 
419  knew  it  was  false.  It  was  happy  for  the  public  peace,  that 
the  people  were  universally  possessed  with  this  opinion : 
for  when  they  saw  a  rebellion  was  desired,  they  bore  the 
present  oppression  more  quietly  than  perhaps  they  would 
have  done,  if  it  had  not  been  for  that.  All  the  chief  men 
of  the  country  were  summoned  before  the  committee  of 
council,  and  charged  with  a  great  many  crimes,  of  which 
they  were  required  to  purge  themselves  by  oath :  other- 
wise they  would  hold  them  guilty,  and  proceed  against 
them  as  such.  It  was  in  vain  to  pretend  that  this  was 
against  all  law,  and  was  the  practice  only  of  the  courts  of 
inquisition.  Yet  the  gentlemen,  being  thus  forced  to  it, 
did  purge  themselves  by  oath  ;  and  after  all  the  inquiries 
that  were  made,  there  did  not  appear  one  single  circum- 
stance to  prove  that  any  rebellion  was  intended  l.  And 
when  all  other  things  failed  so  evidently,  recourse  was  had 
to  a  writ  which  a  man  who  suspects  another  of  ill  designs 
towards  him  may  serve  him  with ;  and  it  was  called  law- 
borroughs,  as  most  used  in  borroughs.  This  lay  against 
a  whole  family :  so  that  the  master  was  answerable  if  any 
of  his  household  broke  it.  So,  by  a  new  practice,  this  writ 
was  served  upon  the  whole  country  at  the  king's  suit.  And 
upon  serving  the  writ,  security  was  to  be  given,  much  like 
the  binding  men  to  their  good  behaviour.  Many  were  put 
in  prison  for  refusing  to  give  this  security.  Duke  Hamilton 
had  intimations  sent  him  that  it  was  designed  to  serve  this 
on  him.  So  he,  and  ten  or  twelve  of  the  nobility,  with 
about  fifty  gentlemen  of  quality,  came  up  to  complain  of 
all  this,  which  looked  like  French,  or  rather  like  Turkish, 

1  '  The  patience  of  the  Scots,  under       leled     in     any    history.'       Marvell, 
their  oppression,  is  not  to  be  paral-       June  10,  1678. 


of  King  Charles  II.  147 

government.  The  lords  of  Athol  and  Perth,  who  had  been  Ch.VIII. 
two  of  the  committee  of  council,  and  had  now  fallen  off 
from  duke  Lauderdale,  came  up  with  them  to  give  the  king 
an  account  of  the  whole  progress  of  this  matter1.  The 
clamour  this  made  was  so  high,  that  duke  Lauderdale  saw 
he  could  not  stand  under  it.  So  the  Highlanders  were 
sent  home,  after  they  had  wasted  the  country  near  two 
months  ;  and  he  magnified  this  as  an  act  of  his  compassion,  April,  1678. 
that  they  were  so  soon  dismissed 2.  Indeed  all  his  own 
party  were  against  him  in  it.  Lord  Argyll  sent  none  of 
his  men  down  with  the  other  Highlanders ;  and  lord  Stairs 
pretended  that  by  a  fall  his  hand  was  out  of  joint,  so  he 
signed  none  of  these  wild  orders.  When  the  Scottish 
nobility  came  to  London,  the  king  would  not  see  them, 
because  they  were  come  out  of  the  kingdom  in  contempt  of 
a  proclamation  ;  though  they  said  that  proclamation,  being 
intended  to  hinder  them  from  bringing  their  complaints  to 
the  king,  was  one  of  their  greatest  grievances.  But  it  was  420 
answered  they  ought  to  have  asked  leave,  and  if  it  had 
been  denied  them,  they  were  next  to  have  asked  the  king's 
leave ;  and  the  king  insisted  still  on  this.  Only  he  saw 
the  lords  of  Athol  and  Perth.  The  madness  of  this  pro- 
ceeding made  him  conclude  that  duke  Lauderdale's  head 
was  turned ;  yet  he  would  not  disown,  much  less  punish 
him  for,  what  he  had  done.  But  he  intended  to  put  Scot- 
land in  another  management,  and  to  have  set  the  duke  of 
Monmouth  at  the  head  of  it.  So  he  suffered  him  to  go  to 
the  Scottish  lords,  and  be  their  intercessor  with  him.  They 
were  all  much  charmed  with  the  softness  of  his  temper  and 
behaviour ;    but  though  he  assured   them  the  king  would 

1  There  is  a  vivid  description  of  the  further  complications  in  the  English 
plotting  and  counter-plotting  at  court  Parliament.  '  Many  of  the  members 
in  the  Lauderdale  Papers,  iii.  99  and  of  the  H.  of  C.  are  blowne  up  by 
following.  these  people's  fals  calumnies  that  are 

2  See  the  king's  orders  to  this  come  up  ;  so  as  the  king  fears  they 
effect,  April  15,  1678.  Lauderdale  will  be  hye  upon  it,  and  wishes  it 
Papers,  iii.  112.  They  were  only  past  before  they  sit.'  The  Earl  of 
produced   by   his    desire    to    avoid  Moray  to  Lauderdale.    76.112,119. 

L  % 


148  The  History  of  the  Reign 

Ch.  VIII.  put  their  affairs  in  other  hands,  they  looked  on  that  as  one 
of  the  king's  artifices  to  get  rid  of  them.  The  matter  made 
great  noise,  and  it  was  in  the  time  of  the  session  of  parlia- 
ment here,  and  all  people  said  that  by  the  management  in 
Scotland  it  appeared  what  was  the  spirit  of  the  govern- 
ment, and  what  would  be  done  here,  as  soon  as  the  designs 
of  the  court  were  brought  to  a  greater  perfection.  The 
earl  of  Danby's  supporting  of  duke  Lauderdale  heightened 
the  prejudices  that  himself  lay  under.  The  duke  did  also 
justify  his  conduct,  which  raised  higher  jealousies  of  him, 
as  being  pleased  with  that  method  of  government.  The 
chief  of  the  Scottish  nobility  were  heard  before  the  cabinet 
council,  and  the  earl  of  Nottingham  held  them  chiefly  to 
the  point  of  coming  out  of  the  kingdom  in  the  face  of  a 
proclamation.   They  said,  such  proclamations  were  anciently 

MS.  214.  legal  when  we  had  a  king  of  our  own,  but  now  |  it  was 
manifestly  against  law,  since  it  barred  them  from  access  to 
the  king,  which  was  a  right  that  was  never  to  be  denied 
them.  Nottingham  objected  next  to  them,  a  practice  of 
making  the  heads  of  the  families  or  clans  in  the  Highlands 
to  bind  for  their  whole  name ;  and  why,  by  a  parity  of 
reason,  might  they  not  be  required  to  bind  for  their 
tenants?  It  was  answered,  that  anciently  estates  were  let 
so  low,  that  service  and  the  following  the  landlord  was 
instead  of  a  rent ;  and  then  in  the  inroads  that  were  made 
into  England,  landlords  were  required  to  bring  their  tenants 
along  with  them :  but  now  lands  were  let  at  rack,  and  so  an 
end  was  put  to  that  service.  In  the  Highlands  the  feuds 
among  the  families  were  still  so  high,  that  every  name 
came  under  such  a  dependance  on  the  head  or  chief  of  it 
for  their  own  security,  that  he  was  really  the  master  of 
them  all,  and  so  might  be  bound  for  them.  But  even  this 
was  only  to  restrain  depredations  and  murders :  but  it  was 
an  unheard-of  stretch  to  oblige  men  to  be  bound  for  others 
in  matters  of  religion  and  conscience,  whether  real  or  pre- 
421  tended.     The  whole  matter  was  at  that  time  let  fall.     And 

June,  1678.  duke  Lauderdale  took  advantage   from  their  absence  to 


of  King  Charles  II.  149 

desire  leave  from  the  king  to  summon  a  convention  of  Ch.  VIII. 
estates,  from  whom  he  might  more  certainly  understand 
the  sense  of  the  whole  kingdom.  And,  what  by  corrupting 
the  nobility,  what  by  carrying  elections,  or  at  least  disputes 
about  them,  which  would  be  judged  as  the  majority  should 
happen  to  be  at  first,  he  issued  out  the  writs,  while  they 
were  at  London  knowing  nothing  of  the  design,  and  these 
being  returnable  in  three  weeks,  he  laid  the  matter  so,  that 
before  they  could  get  home  all  the  elections  were  over  :  and 
he  was  master  of  above  four  parts  in  five  of  that  assembly. 
So  they  granted  an  assessment  for  three  years,  in  order  to 
the  maintaining  a  greater  force :  and  they  wrote  a  letter 
to  the  king,  not  only  justifying,  but  highly  magnifying,  duke 
Lauderdale's  government.  This  was  so  base  and  abject  a 
thing, that  it  brought  the  whole  nation  under  great  contempt1. 
a  And  thus  I  leave  the  affairs  of  Scotland,  which  had  a 
very  ill  influence  on  the  minds  of  the  English  ;  chiefly  on 
the  house  of  commons  then  sitting,  who  upon  it  made  a 
new  address  against  duke  Lauderdale2.  And  that  was  May^, 
followed  by  another  of  a  higher  strain,  representing  to  the 
king  the  ill  effects  of  his  not  hearkening  to  their  address 
the   former   year  with    relation    to    foreign    affairs 3  ;    and 

a  No  break  in  MS.,  although  needed. 


1  See  the  account  of  the  proceed-  puff  and  spitting.'  Fountainhall, 
ings  at  the  opening  of  the  conven-  Hist.  Obs.  148;  cf.  vol.  i.  452,  note. 
tion,  with  the  attempt  of  Hamilton  3  The  alliance  of  Charles  with  the 
to  dispute  the  right  claimed  by  Prince  of  Orange,  through  Danby's 
Lauderdale  that  the  king's  commis-  management,  had,  by  increasing  the 
sioners  should  name  the  committee  latter's  influence,  and  by  strengthen- 
for  considering  affairs  to  be  debated  ing  Charles,  brought  about  a  counter- 
in  the  convention.  Lauderdale  Papers,  understanding  between  the  Opposi- 
iii.  155.  tion  and  Louis  XIV.    See  Ranke,  iv. 

2  There  is  a  detailed  and  very  45.  Of  this  Burnet  knew  nothing, 
interesting  account  of  the  debate  of  The  Opposition  were  now  willing  to 
Sir  Andrew  Forrester.  Id.  133-144.  prevent  Charles  from  going  to  war 
Charles  was  extremely  anxious,  and  with  Louis,  if  the  latter  would  help 
it  was  on  learning  that  Henry  Savile  them  to  bring  about  the  dissolution  of 
had  voted  against  Lauderdale  that  Parliament,  the  fall  of  Danby,  and 
he  lost  his  '  naturall  mildnesse  and  the  more  complete  suppression  of  the 
command  over  his  anger  which  never  Catholic  element.  On  May  7  James 
transported  him  beyond  an  innocent  wrote  to  the  Prince  of  Orange  that 


1678. 


i5° 


The  History  of  the  Reign 


Ch.  VIII.  desiring  him  to  change  his  ministry,  and  to  dismiss  all 
those  that  had  advised  the  prorogation  at  that  time,  and 

May  10.  his  delaying  so  long  to  assist  the  allies.  This  was  carried 
only  by  a  small  majority  of  two  or  three  1.  So  lord  Danby 
brought  up    all   his   creatures,   the   aged   and    infirm    not 

May  ii.  excepted:  and  then  the  majority  lay  the  other  way:  and 
by  short  adjournments  the  parliament  was  kept  sitting  till 
Midsummer.  Once  Danby,  thinking  he  had  a  clear  ma- 
jority, got  the  king  to  send  a  message  to  the  house,  desiring 

June  18.  an  additional  revenue  of  300,000/.  during  life.  This  set  the 
house  all  in  a  flame.  It  was  said,  here  was  no  demand  for 
a  war,  but  for  a  revenue,  which  would  furnish  the  court  so 
well,  that  there  would  be  no  more  need  of  parliaments. 
The  court  party  thought  such  a  gift  as  this  would  make 
them  useless.  So  the  thing  was  upon  one  debate  rejected 
without  a  division.  Danby  was  much  censured  for  this 
rash  attempt,  which  discovered  the  designs  of  the  court 

March.  too  barefacedly.  At  the  same  time  he  ordered  Montagu 
to  treat  with  the  court  of  France  for  a  peace,  in  case  they 
would  engage  to  pay  the  king  300,00c/.  a  year  for  three 
years2.     So  when  that  came  afterwards  to  be  known,  it 


there  was  no  chance  of  carrying  on 
the  war,  since  the  factious  party  pre- 
vailed. R.O.  '  King  William's  chest.' 
1  The  resolution  to  proceed  with 
the  address  was  carried  on  May  10 
by  176  to  174  ;  the  4th  and  6th  para- 
graphs, upon  which  alone  the  House 
divided,  by  majorities  of  six  and 
three.  On  May  n  Danby  had  a 
majority  of  one.  Charles's  answer 
to  the  address  was,  '  This  address  is 
so  extravagant  that  I  am  not  willing 
speedily  to  give  it  the  answer  it  de- 
serves.' On  May  13  he  prorogued 
the  Parliament  to  May  23.  The  de- 
mand for  an  additional  revenue  was 
refused  without  a  division  ;  but,  on 
the  other  hand,  a  supply  was  granted 
on  June  21  of  more  than  £400,000. 
A  heated  controversy  took  place  be- 
tween the  Houses  upon  the  Lords' 


assumption  of  the  right  to  alter  a 
money  bill,  which  was  ended  by  the 
expedient  of  tacking'  the  provision 
of  over  .£200,000  for  disbanding  the 
army  to  that  for  raising  the  £400,000. 
The  bill  then  passed,  July  8,  and 
Parliament  was  at  once  prorogued. 
It  did  not  again  meet  until  Oct.  21. 
Pari.  Hist.  iv.  970-1006. 

2  This  was  in  March.  The  sum 
was  £240,000.  Danby  again  refused 
to  put  his  head  in  peril  by  signing 
the  agreement,  and  it  was  drawn  up 
and  signed  by  Charles  alone,  May 
27,  1678.  The  terms  were  that 
Charles  should  do  his  best  to  secure 
peace  in  two  months ;  if  unsuc- 
cessful, he  was  to  remain  neutral,  to 
recall  and  disband  his  troops,  except 
3,000  at  Ostend  and  3,000  for  Scot- 
land, and  to  prorogue  Parliament  for 


of  King  Charles  II.  151 

was  then  generally  believed  that  the  design  was  to  keep  Cn.vill. 
up  and  model  the  army  now  raised  1,  reckoning  there  would 
be  money  enough  to  pay  them,  till  the  nation  should  be 
brought  under  a  military  government.  And  the  opinion  422 
of  this  prevailed  so,  that  Danby  became  the  most  hated 
minister  that  had  ever  been  about  the  king.  All  people 
said,  now  they  saw  the  secret  of  that  high  favour  he  had 
been  so  long  in,  and  the  black  designs  that  he  was  con- 
triving. At  this  time  expresses  went  very  quick  between 
England  and  France  :  and  the  state  of  foreign  affairs  varied 
every  post,  so  that  it  was  visible  we  were  in  a  secret 
negotiation  :  of  which  Temple  has  given  so  particular  an 
account  that  I  refer  my  reader  wholly  to  him.  But  I  shall 
add  one  particular  that  he  has  not  mentioned.  Montagu, 
that a  was  a  man  of  pleasure 2,  was  in  a  lewd  intrigue  with 
the  duchess  of  Cleveland  3,  who  was  quite  cast  off  by  the 
king,  and  was  then  at  Paris.  The  king  had  ordered  him 
to  find  out  an  astrologer,  of  whom  no  wonder  he  had  a 
good  opinion,  for  he  had  long  before  his  restoration  |  foretold  MS.  215. 
he  should  enter  London  on  the  29th  of  May,  60.  He  was 
yet  alive,  and  Montagu  found  him,  and  saw  he  was  a  man 
capable  of  being  corrupted.  So  he  resolved  to  prompt 
him  to  send  the  king  such  hints  as  should  serve  his  own 
ends,  and   he  was  so  bewitched  with  Cleveland,  that  he 

a  altered  from  who. 

four  months  beyond  the  two  above  who  asked   the   king  (having   never 

mentioned.      Temple  refused   to   be  had    an    admirer    before,   nor   after) 

connected   with    the    scheme.      Dal-  what  people  meant  by  squeezing  one 

rymple,  i.  167,216.    Temple,  Works,  by    the    hand;    the    king    told    her, 

ii.    436;    Mignet,    Negotiations,    &c,  love;   then    said    she,  Mr.   Montagu 

572,  &c.     Cf.  infra  154.  loves  me  mightily.      Upon  which  he 

1  There  were  between  20,000  and  was  turned  out.  D.  '  They  say 
30,000  men.  This'  dark  hovering  '  of  the  king  himself  did  once  ask  Mon- 
the  army  at  Blackheath  (Marvell,  tagu  how  his  mistress  (meaning  the 
Growth  of  Popery,  &c,  293)  had  queen)  did.'  Pepys's  Diary,  May  20, 
brought  Shaftesbury  and  his  friends,  1664,  in  which  work  this  gentleman 
James  and  Louis,  into  alliance.  is  frequently  mentioned  as  one  of 
Dalrymple,  i.  190.  a  very  indifferent  character.      R. 

2  His  brother,  Edward  Montagu,  3  Steinway's  Life  of  Barbara 
had  been  chamberlain  to  the  queen,  Duchess  of  Cleveland,  399. 


152  The  History  of  the  Reign 

Ch.viii.  trusted  her  with  this  secret.  But  she,  growing  jealous  of 
a  new  amour,  took  all  the  ways  she  could  think  on  to  ruin 
him,  reserving  this  of  the  astrologer  for  her  last  shift *  :  and 
by  it  she  compassed  her  ends,  for  the  king  looked  on  this 
as  such  a  piece  of  treachery  and  folly,  that  Montagu  was 
entirely  lost  upon  it,  and  was  recalled  2,  Sunderland  being 
sent  over  ambassador  in  his  room. 

a  The  treaty  went  on  at  Nimeguen,  where  Temple  and 
Jenkins  were  our  plenipotentiaries.  The  States  were  re- 
solved to  have  a  peace.  The  prince  of  Orange  did  all  he 
could  to  hinder  it.  But  De  Witt's  party  began  to  gather 
strength  again ;  and  they  infused  a  jealousy  in  all  people 
that  the  prince  intended  to  keep  up  the  war  for  his  own 
ends  3.  A  peace  might  be  now  had  by  restoring  all  that 
belonged  to  the  States,  and  by  a  tolerable  barrier  in 
Flanders.  It  is  true  the  great  difficulty  was  concerning 
their  allies,  the  king  of  Denmark  and  the  elector  of  Bran- 
denburg, who  had  fallen  on  the  Swede,  upon  his  declaring 
for  France,  and  had  beat  him  out  of  Germany  No  peace 
could  be  had  unless  the  Swede  was  restored  to  all.  Those 
princes  who  had  been  quite  exhausted  by  that  war  would  not 
consent  to  this :  so  they,  who  had  adhered  so  faithfully  to 
the  States  in   their  extremity,  pressed  them  to  stick  by 

a  No  break  in  MS: 


1  The  letter  from  the  Duchess  of  July  14,    1678;  H.  M.  C.   Rep.  xii, 

Cleveland  to  the  king,  containing  her  App.    v.      Sunderland   was   accom- 

charge  against  Montagu,  and  which  panied    by   Henry    Savile,    'turned 

is  shockingly  disgraceful   to  all  the  about  by  the  wheel  of  Fortune  into 

parties    concerned,    has    been    pub-  his  Majesty's  good  graces  again  '  (id. 

lished  by  Harris,  at  the  end  of  his  July  18),  after  Charles,  in  almost  the 

Life    of  Charles  II.     R.     See    also  only    fit    of    passion    recorded    of 

Forneron,  Louise  de  Keroualle,  153,  him,  had  driven  him  from  court  for 

and  Hatton  Correspondence,  i.  168.  voting  against  Lauderdale.    Lauder - 

*  He    came    to    England   in    the  dale  Papers,  iii.  140 ;  supra  149.  note. 

summer,  probably  to  help  the  Oppo-  ;1  William    and    Temple  did  their 

sition  to  ruin  Danby.     Charles  was  utmost  to  hinder  the  final  ratification, 

greatly     incensed  ;     Montagu     was  See  the  detailed  account  in  Temple's 

struck  off  the  Privy  Council  and  for-  Works,  ii.  and  iv     see  also  Ranke, 

bidden   the   court.     Rutland  MSS.,  iv.  49. 


of  King  Charles  II.  153 

them.  And  this  was  the  prince  of  Orange's  constant  topic:  Ch.  VIII. 
how  could  they  expect  any  of  their  allies  should  stick  to 
them,  if  they  now  forsook  such  faithful  friends?  But 
nothing  could  prevail.  It  was  given  out  in  Holland  that 
they  could  not  depend  on  England,  that  court  being  so 
entirely  in  a  French  interest  that  they  suspected  they 
would,  as  they  had  once  done,  sell  them  again  to  the 
French l  :  and  this  was  believed  to  be  let  out  by  the  423 
French  ministers  themselves,  who,  to  come  at  their  ends, 
were  apt  enough  to  give  up  even  those  who  sacrificed 
every  thing  to  them.  It  was  said  the  court  of  France 
would  consider  both  Denmark  and  Brandenburg,  and  repay 
the  charge  of  the  war.  Against  this  it  was  said,  that  was 
to  force  those  princes  into  a  dependence  on  France,  who 
would  not  continue  those  payments  so  much  for  past  as  for 
future  services.  In  the  mean  while  the  French  had  blocked 
up  Mons.  So  the  prince  of  Orange  went  to  force  them 
from  their  posts.  Luxembourg  commanded  there,  and 
seemed  to  be  in  full  hope  of  a  peace,  when  the  prince  came  Aug.  14, 
and  attacked  him :  and,  notwithstanding  the  advantage  of 
his  situation,  it  appeared  how  much  the  Dutch  army  was 
now  superior  to  the  French,  for  they  beat  them  out  of 
several  posts.  The  prince  had  no  order  to  stop  :  he  indeed 
knew  that  the  peace  was  upon  the  matter  concluded,  but  no 
intimation  was  yet  made  to  him  2.  So  it  was  lawful  for  him 
to  take  all  advantages,  and  he  was  not  very  apprehensive  of 
a  new  embroilment,  but  rather  wished  it.     Yet  the  French    Jan.  10, 

treasure  was  so  exhausted3, and  their  king  was  so  weary  of  the   june'2g, 

1679. 

1  See  William's  exclamation  re-  tion  and  still  held  Mons  in  his  grip. 
corded  by  Temple,  Works,  ii.  462  :  The  official  declaration  of  the  peace 
'  Was  ever  anything  so  hot  and  cold  arrived  next  morning.  William 
as  this  court  of  yours  ?  Will  the  denied  emphatically  that  he  knew  of 
king,  that  is  so  often  at  sea,  never  the  conclusion  of  peace  when  he 
learn  a  word  that  I  shall  never  forget  made  his  attack. 

since  my  last   passage,  when,  in    a  3  See    the    extremely    interesting 

great    storm,    the    captain    was    all  description  of  French  finance  in  John 

night  crying  out  to  the  man  at  the  Brisbane's  letter  of  Nov.  27,  1677,  to 

helm,  "  Steady  !  steady  !  steady  !  " '  Danby  in  the  Lindsay  MSS.,  H.  M.C. 

2  Luxembourg  regained  his  posi-  Rep.  xiv,  App.,  Part  ix.  388.     Re- 


i54  The  History  of  the  Reign 

Ch.  vill.  war,  that  no  notice  was  taken  of  the  business  of  Mons,  but 
the  treaty  at  Nimeguen  was  finished  and  ratified  l.  Yet 
new  difficulties  arose  upon  the  French  king's  refusing  to 
evacuate  the  places  that  were  to  be  restored,  till  the  Swede 
was  restored  to  all  his  dominions.  Upon  this  the  English 
struck  in  again :  and  the  king  talked  so  high  as  if  he  would 
engage  anew  into  the  war.  But  the  French  prevented 
that 2,  and  did  evacuate  the  places  :  and  then  they  got 
Denmark  and  Brandenburg  into  their  dependance,  under 
the  pretence  of  repaying  the  charge  of  the  war,  but  it  was 
more  truly  the  engaging  them  into  the  interests  of  France 
by  great  pensions3.  So  a  general  peace  quickly  followed, 
and  there  was  no  more  occasion  for  our  troops  beyond 
Jan.  10,    sea.     a  The  French    were   so    apprehensive   of  them,  that 

Sg6t7\'6to  Ruvigny,  now  earl  of  Galway  4,  was  sent  over  to  negotiate 
matters.  That  which  France  insisted  most  on,  was  the 
disbanding  the  army.  And  the  force  of  money  was  so 
strong,  that  he  had  orders  to  offer  six  millions5  of  their 

■  [There  is  here  a  marginal  note :  '  Take  in  the  addition  on  the  margent  of 
the  other  copy,  p.  128' ;  and  what  follows  to  the  words  '  the  troops  were  ' 
are  not  found  in  this  MS.] 

garding     the     exhaustion     of     the  by  her  armies  in  war.'    R. 

Treasury,  Brisbane  writes   thus   on  2  The    Opposition     insisted    that 

May  18  {id.  384)  :  '  M.  Colbert  had  at  Louis,  with  whom  they  were  acting, 

his  house  at  Scean  a  great  meeting  should  give  way.     Ranke,  iv.  52. 

of  interesses,  that   is  farmers  of  the  3  Danby  knew   through  Montagu 

revenue  and  lenders  of  money,  and  that  Ruvigny,  who  was  first  cousin 

borrowed  several  millions.  .  .  .  They  to  Lady  Russell,  was  coming  over  to 

pay  ten  per  cent,  -interest,  which  is  bribe  members  of  Parliament.     Dal- 

three per  cent,  more  than  was  paid  last  rymple,  i.  184.      He  states  also  that 

winter.  .  .  .  There  will  be  unavoid-  Ellis  Leighton  was  deep  in  the  plot, 

able  necessities  of  anticipating  the  Danby  Papers,  Add.   MSS.  23,043, 

revenue  to  a  vast  proportion   of  it.  f.   1.     Upon  the  whole   question   of 

For  let  the  revenue  be  ever  so  great,  the  bribery  of  members  of  the  country 

the  expense  must  outrun  it.'  party  there  are  some  useful  remarks 

1  In  a  MS.  which  has  been  pre-  in    Lord     Russell's     Life    of   Lord 

served    of    Lord    Shaftesbury's,    he  IV.    Russell,    i.    192    and    following, 

says,   '  That    England    got   neither  where  Barillon's  list  is  given  from 

honour  nor  profit  by  the  peace  of  Dec.  1678  to  Dec.  1679. 

Nimeguen  ;  and  that  France  broke  4  Supra  122. 

all  her  enemies  more  effectually  by  5  scil.  livres  tournois.      Cf.  supra 

that  peace,  than  she  could  have  done  150. 


of  King  Charles  II.  155 

money,  in  case  the  army  should  be  disbanded  in  August.  Ch.  viii. 
Ruvigny  had  such  an  ill  opinion  of  the  designs  of  our  court, 
if  the  army  was  kept  up,  that  he  insisted  on  fixing  the  day 
for  disbanding  it ;  at  which  the  duke  was  very  uneasy. 
And  matters  were  so  managed,  that  the  army  was  not  dis- 
banded by  the  day  prefixed  for  it1.  So  the  king  of  France 
saved  his  money.  And  for  this  piece  of  good  manage- 
ment Ruvigny  was  much  commended.  The  troops  were 
brought  into  England,  and  kept  up  under  the  pretence 
that  there  was  not  money  to  pay  them  off.  So  all  people 
looked  on  the  next  session  as  very  critical.  The  party  424 
against  the  court  gave  all  for  lost :  they  believed  Danby 
who  had  so  often  brought  his  party  to  be  very  near  the 
majority,  would  now  lay  matters  so  well  as  to  be  sure  to 
carry  the  session,  and  many  did  so  despair  of  being  able 
to  balance  his  number,  that  they  resolved  to  come  up  no 
more,  and  reckoned  that  all  opposition  would  be  fruitless, 
and  serve  only  to  expose  themselves  to  the  fury  of  the 
court.  But  of  a  sudden  an  unlooked  for  accident  changed 
all  their  measures,  and  put  the  kingdom  into  so  great  a 
fermentation,  that  it  well  deserves  to  be  opened  very 
particularly.  I  am  so  well  instructed  in  all  the  steps  |  of  MS.  216. 
it,  that  I  am  more  capable  to  give  a  full  account  of  it  than 
any  man  I  know :  and  I  will  do  it  a  so  impartially,  that  no 
party  shall  have  cause  to  censure  me  for  concealing  or 
altering  the  truth  in  any  one  instance.  It  is  the  history  of 
that  called  the  Popish  Plot. 

a  so  fully  and  struck  out. 


'  Charles    refused    to    ratify    the  extended  from  Jan.  io,  167^,  to  the 

secret   convention  of  May   27  ;    but  autumn    of    1679,   see    The   English 

Louis    secured    a    favourable    peace  Restoration  and  Louis XIV (Epochs  of 

without  his  help,  and  in  turn  refused  Modern  History),  ch.  xxii.     Temple 

to  pay  the  subsidy.     The  disbanding  pays    a    striking   tribute    to    French 

he  secured  through  his  alliance  with  diplomacy  :   '  The  truth   is,    I  never 

the  Parliamentary  Opposition.  Supra  observed,  either  in  what  I  had  seen 

150,  notes;  Mignet,  Negotiations,  &c,  or  read,   any  negotiation    managed 

579)  7°3  i  Ranke,  iv.   ch.  4.     For  a  with  greater  address  and  skill  than 

concise  account  of  the  various  phases  this  had  been  by  the  French.'    Works, 

of  the  Peace    of  Nimeguen,  which  ii.  451. 


156  The  History  of  the  Reign 

Chap.  IX. 

CHAPTER   IX. 

THE   POPISH   TERROR   AND   THE   IMPEACHMENT   OF 

DANBY.      DISSOLUTION   OF   THE   PENSIONARY 

PARLIAMENT. 

Three  days  before  Michaelmas  Dr.  Tonge  came  to  me. 
I  had  known  him  at  Sir  Robert  Moray's.  He  was  a  gar- 
dener and  a  chemist,  and  was  full  of  projects  and  notions. 
He  had  got  some  credit  in  Cromwell's  time,  and  that  kept 
him  poor.  He  was  a  very  mean  divine,  and  seemed  credu- 
lous and  simple,  but  I  had  always  looked  on  him  as  a 
sincere  man.  At  this  time  he  told  me  of  strange  designs 
against  the  king's  person T ;  and  that  Coniers,  a  Benedictine, 
had  provided  himself  of  a  poniard,  with  which  he  under- 
took to  kill  him  2.  I  was  amazed  at  all  this,  and  did  not 
know  whether  he  was  crazed,  or  had  come  to  me  on  design 
to  involve  me  in  a  concealing  of  treason.  So  I  went  to 
Lloyd3,  and  sent  him  to  the  secretary's  office  with  an 
account  of  that  discourse  of  Tonge's,  since  I  would  not  be 
guilty  of  misprision  of  treason.  He  found  at  the  office  that 
Tonge  was  making  discoveries  there,  of  which  they  made 
no  other  account  but  that  he  intended  to  get  himself  to  be 
made  a  dean.  I  told  this  next  morning  to  Littleton  and 
Powle  4,  and  they  looked  on  it  as  a  design  of  Danby's,  to  be 
laid  before  the  next  session,  thereby  to  dispose  them  to 
keep  up  a  greater  force,  since  the  papists  were  plotting 
against  the  king's  life.  This  would  put  an  end  to  all 
jealousies  of  the  king,  now  the  papists  were  conspiring 
against  his  life.  But  lord  Halifax,  when  I  told  him  of  it, 
had  another  apprehension  of  it.  He  said,  considering  the 
suspicions  all  had  of  the  duke's  religion,  he  believed  every 
discovery  of  that  sort  would  raise  a  flame  which  the  court 

1  Compare  Ralph,  i.  540-543.    R.  MSS.  iii,  H.  M.  C.  Rep.  xiv,  App.  2, 

2  Coniers  wrote  to  the  Commons  362. 
offering  to  come  and  justify  himself,  3  Bishop  of  Worcester, 
on  condition  that  he  should  not  be  4  See  supra  92. 
prosecuted    as    a    priest.     Portland 


of  King  Charles  II.  157 

would    not   be   able   to  manage.     Two    days a  after   that,  Chap.  ix. 
Titus  Oates  was  brought  before  the  council.     He  was  the    „         0 

0  bept.  20, 

son  of  an  anabaptist  teacher,  who  afterwards  conformed  1678. 
and  got  into  orders,  and  took  a  benefice,  as  this  his  son 
did  \  He  was  proud  and  ill  natured,  haughty,  but  ignorant. 
He  conversed  much  with  Socinians,  and  had  been  com- 
plained of  for  some  very  indecent  expressions  concerning 
the  mysteries  of  the  Christian  religion.  He  was  once  pre-  425 
sented  for  perjury,  but  he  got  to  be  a  chaplain  in  one  of  the 
king's  ships,  from  which  he  was  dismissed  upon  a  complaint 
of  some  unnatural  practices,  not  to  be  named.  He  got 
a  qualification  from  the  duke  of  Norfolk  as  one  of  his 
chaplains  :  and  there  he  fell  into  much  discourse  with  the 
priests  that  were  about  that  family.  He  seemed  inclined 
to  be  instructed  in  the  popish  religion.  One  Hutchinson, 
a  Jesuit,  had  that  work  put  on  him.  He  was  a  weak  and 
light-headed  man,  and  afterwards  came  over  to  the  church 
of  England.  He  was  a  curate  about  the  city  near  a  year,  and 
came  oft  to  me,  and  preached  once  for  me.  He  seemed  to 
be  a  sincere,  devout  man,  who  did  not  at  all  love  the  order, 
for  he  found  they  were  a  crafty,  deceitful  and  meddling 
sort  of  people.  They  never  trusted  him  with  any  secrets,  but 
employed  him  wholly  in  making  converts.  He  went  after- 
wards back  to  that  church.  So  all  this  was  thought  a 
juggle  only  to  cast  an  odium  upon  Oates.  He  told  me 
that  Oates  and  they  were  always  in  ill  terms.  They  did 
not  allow  him  above  ninepence  a  day,  of  which  he  com- 

a  altered  from  The  day. 


1  '  Westminster  taught  him,  Cam-  ticular.     His  mouth  was  the  centre 

bridge  bred  him,  then  left  him  instead  of  his    face,    and    a    compass    there 

of  books  to  study  men.'     Testis  Ovat.  would  sweep  his  nose,  forehead,  and 

British  Museum  Catalogue  of  Prints  chin   within    the    perimeter.       Cave 

and  Draivings,  Div.  I.  Satires  i   1073,  quos   ipse   Deus    notavit.'      Examen. 

p.  615.     Roger  North  describes  his  225.     Sir  G.  Sitwell's  First  Whig  is 

appearance  thus  :    '  A  low  man,  of  a  very  valuable  collection  of  evidence 

an  ill-cut,  very  short  neck  ;  and  his  upon  Oates  and  all  the  circumstances 

visage  and  features  were  most  par-  connected  with  the  Popish  terror. 


158  The  History  of  the  Reign 

Chap.  IX.  plained  much,  and  Hutchinson  relieved  him  often.  They 
wished  they  could  be  well  rid  of  him,  and  sent  him  beyond 
sea,  being  in  very  ill  terms  with  him.  This  made  him 
conclude,  that  they  had  not  at  that  time  trusted  him  with 
their  secrets.  He  was  kept  for  some  time  at  S.  Omer's, 
and  from  thence  sent  through  France  into  Spain,  and  was 
now  returned  into  England.  He  had  been  long  acquainted 
with  Tonge,  and  made  his  first  discovery  to  him,  and  by 
the  means  of  one  Kirby  a  chemist,  that  was  sometimes  in 
the  king's  laboratory,  they  signified  the  thing  to  the  king. 
So  Tonge  had  an  audience,  and  told  the  king  a  long  thread 
of  many  passages,  all  tending  to  the  taking  away  his  life  ; 
of  which  the  king,  as  he  afterwards  told  me,  knew  not  what 
it  could  amount  to  1i  yet  among  so  many  particulars  he  did 
not  know  but  there  might  be  some  truth.  So  he  sent  him 
to  Danby  2,  who  intended  to  make  some  use  of  it,  but  could 
not  give  much  credit  to  it,  and  handled  the  matter  too 
remissly  :  for,  if  at  first  the  thing*  had  been  traced  quick, 
either  the  truth  or  the  imposture  of  the  whole  affair  might 
have  been  made  appear.  The  king  ordered  Danby  to  say 
nothing  of  it  to  the  duke.  In  the  mean  while  some  letters 
of  an  odd  strain  relating  to  plots  and  discoveries  were  sent 
by  the  post  to  Windsor,  directed  to  Bedingfield,  the  duke's 
confessor ;  who,  when  he  read  them,  carried  them  to  the 
duke,  and  protested  he  did  not  know  what  they  meant,  nor 
from  whom  they  came.     The  duke  carried  them  to  the 

MS.  217.  king:  and  he  fancied  |  they  were  writ  either  by  Tonge  or 
Oates,  and  sent  on  design  to  have  them  intercepted  for 
giving  credit  to  the  discovery.  The  duke's  enemies  on  the 
426  other  hand  gave  out  that  he  had  got  some  hints  of  the  dis- 
covery, and  brought  these  as  a  blind  to  impose  on  the  king. 
The  matter  lay  in  a  secret  and  remiss  management  for  six 

a  substituted  for  matter. 


1  Charles  never  appears  to  have  2  See  Danby's  own  account  of  the 

believed  a  word  of  the  plot.     See  interview.     Impartial  case  of  the  Earl 

Reresby,  Memoirs,  146, 151, 191,  and  of  Danby,  1679. 
passim,  especially  212. 


of  King  Charles  II.  159 

weeks.     At   last,  on  Michaelmas  eve,  Oates  was  brought  Chap.  IX. 
before  the  council,  and  entertained  them  with  a  long  rela-      ~~ 

.  .  Sept.  28, 

tion  of  many  discourses  he  had  heard  among  the  Jesuits,  of  1678. 
their  design  to  kill  the  king.  He  named  persons,  places, 
and  times,  almost  without  number.  He  said  many  Jesuits 
had  disguised  themselves,  and  were  gone  to  Scotland,  and 
held  field  conventicles,  on  design  to  distract  the  government 
there.  He  said  he  was  sent  first  to  St.  Omer's,  then  to 
Paris,  and  from  thence  to  Spain,  to  negotiate  this  design  ; 
and  that  upon  his  return,  [that]  he  brought  many  letters 
and  directions  from  beyond  sea,  there  was  a  great  meeting 
of  the  Jesuits  held  in  London,  in  April  last,  in  different 
rooms  in  a  tavern  near  St.  Clement's l  ;  and  that  he  was 
employed  to  convey  the  resolutions  of  those  in  one  room  to 
those  in  another,  and  so  to  hand  them  round.  The  issue 
of  the  consultation  was,  that  they  came  to  a  resolution  to 
kill  the  king  by  shooting,  stabbing,  or  poisoning  him.  That 
several  attempts  were  made,  all  which  failed  in  the  exe- 
cution, as  shall  be  told  when  the  trials  are  related.  While 
he  was  going  on,  waiting  for  some  certain  evidence  to 
accompany  his  discovery,  he  perceived  they  were  jealous  of 
him,  and  so  he  durst  not  trust  himself  among  them  any 
more.  In  all  this  there  was  not  a  word  of  Coniers,  of 
which  Tonge  had  spoke  to  me :  so  that  was  dropped. 
This  was  the  substance  of  what  he  told  the  first  day. 
Many  Jesuits  were  Upon  this  seized  on  that  night,  and  the 
next  day,  and  their  papers  were  sealed  up.  Next  day  he 
accused  Coleman 2  of  a  strict  correspondence  with  P.  de  la 
Chaise,  whose  name  he  had  not  right,  for  he  called  him 

1  Every  three  years  the  Jesuits  in  of  Letters  and  other  writings  relating 
England  held  a  provincial  congrega-  to  the  horrid  Popish  Plot ;  printedfrom 
tion  for  the  election  of  proctors,  and  the  originals  in  the  hands  of  George 
it  was  held  this  year  in  London  on  Treby,  Esq  ,  Chairman  of  the  Corn- 
April  24,  and  actually  not  at  a  mittee  of  Secrecy  of  the  Honourable 
tavern,  but  in  the  apartments  of  the  House  of  Commons.  Published  by 
Duke  of  York  at  St.  James's.  See  order  of  the  House,  London,  1681; 
Reresby,  Memoirs  (ed.  Cartwright),  containing  Coleman's  letters,  which 
May  8, 1685;  Sitwell,  First  Whig,  42.  are  also  in  the  Fitzherbert  Papers, 

2  Supra  99,  101.     See  A  Collection  H.  M.  C.  Rep.  xiii,  Part  vi.  49-160. 


160  The  History  of  the  Reign 

Chap.  IX.  Father  le  Shee :  and  he  said  in  general  that  Coleman  was 
acquainted  with  all  their  designs.  Coleman  had  a  whole 
day  to  make  his  escape,  if  he  had  thought  he  was  in  any 
.danger1.  And  he  had  conveyed  all  his  papers  out  of  the 
way :  only  he  forgot  a  drawer  under  a  table,  in  which  the 
papers  relating  to  74,  75,  and  a  part  of  76  were  left:  and 
from  these  I  drew  the  negotiations  that  I  have  formerly 
mentioned  as  directed  by  him.  If  he  had  either  left  all  his 
papers  or  withdrawn  all.  it  had  been  happy  for  his  party. 
Nothing  had  appeared  if  all  had  been  destroyed  :  or  if  all 
had  been  left,  it  might  have  been  concluded  that  the  whole 
secret  lay  in  them.  But  he  left  enough  to  give  great 
jealousy,  and  no  more  appearing  all  was  believed  that  the 
witnesses  had  deposed.  Coleman  was  out  of  the  way  the 
second  day,  but  hearing  that  there  was  a  warrant  out 
against  him,  he  delivered  himself  next  day  to  the  secretary 
of  state.  When  Oates  and  he  were  confronted,  Oates  did 
427  not  know  him  at  first  :  but  he  named  him  when  he  heard 
him  speak,  yet  he  only  charged  him  upon  hearsay :  so  he 
was  put  in  a  messenger's  hands.  Oates  named  Wakeman, 
the  queen's  physician,  but  did  not  know  him  at  all,  and 
being  asked  if  he  knew  anything  against  him,  he  answered 
he  did  not,  ad-ding,  God  forbid  he  should  say  any  thing 
more  than  he  knew,  he  would  not  do  that  for  all  the  world. 
Nor  did  he  name  Langhorn2,  the  famous  lawyer,  that 
indeed  managed  all  their  concerns.  The  king  found  him 
out  in  one  thing :  he  said,  when  he  was  in  Spain,  he  was 
carried  to  Don  John,  who  promised  great  assistance  in  the 
execution  of  their  designs.  The  king,  who  knew  Don  John 
well,  asked  him  what  sort  of  a  man  he  was :  he  answered, 
he  was  a  tall  lean  man  :  now  Don  John  was  a  little  fat  man. 
At  first  he  seemed  to  design  to  recommend  himself  to  the 
duke  and  the  ministers  :  for  he  said  he  heard  the  Jesuits  oft 

1  He  had  been  warned  by  Sir  Ed-  with     a     copy.     Clarke's     Life    of 

mund  Berry  Godfrey,  before  whom  James  II,  i.  534  ;  North's  Examen, 

Oates  made  his  deposition  on  oath  174. 

the  day    before    appearing    at    the  2    Upon    Langhorn,    see    vol.    i. 

council,  and  had  been  sent  to  James  412. 


of  King  Charles  II.  161 

say,  that  the  duke  was  not  sure  enough  to  them :  and  they  Chap.  IX. 
were  in  doubt  whether  he  would  approve  of  their  killing  the  . 
king:  but  they  were  resolved  if  they  found  him  stiff  in  that 
matter  to  despatch  him  likewise.  He  said  they  had  oft 
made  use  of  his  name,  and  counterfeited  his  hand  and  seal 
without  his  knowledge.  He  said  the  Jesuits  cherished  the 
faction  in  Scotland  against  Lauderdale;  and  intended  *  to 
murder  the  duke  of  Ormond,,  as  a  great  enemy  to  all  their 
designs:  and  he  affirmed  he  had  seen  many  letters  in 
which  these  things  were  mentioned,  and  had  heard  them  oft 
spoke  of.  He  gave  a  long  account  of  the  burning  of 
London,  at  which  time  he  said  they  intended  to  have  killed 
the  king  :  but  they  relented  when  they  saw  him  so  active 
in  quenching  the  fire,  that,  as  he  said,  they  had  kindled. 

The  whole  town  was  all  over  inflamed  with  this  dis- 
covery. It  consisted  of  so  many  particulars  that  it  was 
thought  to  be  above  invention.  But  when  Coleman's 
letters  came  to  be  read  and  examined.,,  it  got  |  a  great  MS.  18. 
confirmation  ;  since  by  these  it  appeared  that  so  many 
years  before,  they  thought  the  designs  for  the  converting 
the  nation,  and  rooting  out  the  pestilent  heresy  that  had 
reigned  so  long  in  these  northern  kingdoms,  was  very  near 
its  being  executed  :  mention  was  oft  made  of  the  duke's 
great  zeal  for  it :  and  as  many  indecent  reflections  were 
made  on  the  king,  for  his  unconstancy,  and  his  disposition 
to  be  brought  to  anything  for  money.  They  depended 
upon  the  French  king's  assistance :  and  therefore  were 
earnest  in  their  endeavours  to  bring  about  a  general  peace, 
as  that  which  must  finish  their  design  1.  On  the  second 
day  after  this   discovery,  the  king  went   to  Newmarket. 

a  substituted  for  designed. 

1  In  his  letter  to  Pere  la  Chaise  crown    by   the   help   of  the   Pope, 

{supra   52),    Coleman    expresses    a  France,  and  Spain,  and  then  to  show 

wish  to  do  a  little  of  what  Charles  favour   to   the   Catholics.     See    the 

had  done,  ask   for  French  help  to  important  letter  in  the  Fair/ax  Cor* 

govern     without     Parliament     and  respondence,  Civil  Wars,  ii.  288.     Cf. 

to  obtain  toleration,  and  he  states  Ralph,  i.  390. 
that    James   wished   to   secure    the 
VOL.  II.                                          M 


1 62  The  History  of  the  Reign 

Chap.  IX.  This  was  censured  as  a  very  indecent  levity  in  him,  to  go 
and  see  horse  races,  when  all  people  were  so  much  possessed 
with  this  extraordinary  discovery,  to  which  Coleman's 
letters  had  gained  an  universal  credit.  While  the  king 
was  gone,  Tonge  desired  to  speak  with  me.  So  I  went  to 
428  him  to  Whitehall,  where  both  he  and  Oates  were  lodged 
under  a  guard.  I  found  him  so  lifted  up,  that  he  seemed 
to  have  lost  the  little  sense  he  had.  Oates  came  in  and 
made  me  a  compliment,  that  I  was  one  that  was  marked 
out  to  be  killed.  He  had  before  said  the  same  of  Stilling- 
fleet,  but  he  made  that  honour  he  did  us  too  cheap,  when 
he  said  Tonge  was  to  be  served  in  the  same  manner, 
because  he  had  translated  the  Jesuits'  morals  into  English. 
He  broke  out  into  great  fury  against  the  Jesuits,  and  said 
he  would  have  their  blood :  but  I,  to  divert  him  from  that 
strain,  asked  him,  what  were  the  arguments  that  prevailed 
on  him  to  change  his  religion,  and  to  go  over  to  the  church 
of  Rome?  He  upon  that  stood  up,  and  laid  his  hands  on 
his  breast,  and  said,  God  and  his  holy  angels  knew  that  he 
had  never  changed,  but  that  he  had  gone  among  them  on 
purpose  to  betray  them.  This  gave  me  such  a  character  of 
him,  that  I  could  have  no  regard  to  anything  that  he  either 
said  or  swore  after  that. 

A  few  days  after  this  a  very  extraordinary  thing  hap- 
pened, that  contributed  more  than  any  other  thing  to  the 
establishing  the  belief  of  all  this  evidence.  Sir  Edmund 
Berry  Godfrey  was  an  eminent  justice  of  peace,  that  lived 
near  Whitehall.  He  had  the  courage  to  stay  in  London, 
and  keep  things  in  order,  during  the  plague,  which  gained 
him  much  reputation,  and  upon  which  he  was  knighted. 
He  was  esteemed  the  best  justice  of  peace  in  England,  and 
kept  the  quarter  where  he  lived  in  very  good  order.  He 
was  then  entering  upon  a  great  design  of  taking  up  all 
beggars,  and  putting  them  to  work.  He  was  thought  vain 
and  apt  to  take  too  much  upon  him :  but  there  are  so  few 
men  of  public  spirits,  that  small  faults,  though  they  lessen 
them,  yet  ought  to  be  gently  censured.     I  knew  him  well, 


of  King  Charles  II.  163 

and  never  had  reason  to  think  him  faulty  that  way.     He  Chap.  IX, 
was  a  zealous  protestant,  and  loved  the  church  of  England, 
but  had  kind  thoughts  of  the  nonconformists,  and  was  not 
forward  to  execute  the  laws  against  them  :  and  he,  to  avoid 
the  being  put  on  doing  that,  was   not  apt  to  search  for 
priests  or  mass-houses  :  so  that  few  men  of  his  zeal  lived  in 
better  terms  with  the  papists  than  he  did.     Oates  went  to 
him  the  day  before  he  appeared  at  the  council  board  ;  and 
made  oath  of  the  narrative  he  intended  to  make,  which  he 
afterwards  published.     This  seemed  to  be  done  in  distrust 
of  the  privy  council,  as  if  they  might  stifle  his  evidence  ; 
which   to  prevent,  he  put   it   in   safe  hands.     Upon  that 
Godfrey  was  chid  for  his  meddling  in  so  tender  a  matter ; 
and  it  was  generally  believed  that  Coleman  and  he  were 
long  in    a    private  conversation,  between  the  time  of  his 
[Coleman's]  being  put  in  the  messenger's  hands  and  his 
being  made  a  close  prisoner :  which  was  done  as  soon  as 
report  was    made    to   the  council   of  the  contents  of  his 
letters.      It    is   certain    Godfrey   grew   apprehensive    and  429 
reserved  :  for  meeting  me  on  the  streets,  after  some  dis- 
course of  the  present  state  of  affairs,  he  said  he  believed  he 
himself  should  be  knocked  on  the  head.     Yet  he  took  no 
care   of  himself,  and  went   about,  according   to    his  own 
maxim,  still  without  a  servant,  for  he  used  to  say  that  the 
servants  in  London  were  corrupted  by  the  idleness  and  ill 
company  they  fell  into  while  they  attended  on  their  masters. 
On  that  day  fortnight   in  which  Oates  had  made  his  dis- 
covery,, being  a  Saturday,  he  went  abroad  in  the  morning,    Oct.  12, 
and  was  seen  about  one  o'clock  near  S.  Clement's  church,      '  7  ' 
but  was  never  seen  any  more.     He  was  a  punctual  man  to 
good  hours  :  so  his  servants  were  amazed  when  he  did  not 
come  home  :  yet,  he  having  an  ancient  mother  that  lived 
at  Hammersmith,  they  fancied  he  had  heard  she  was  dying, 
and    so   was  gone  to  see  her.     Next    morning   they   sent 
thither,  but  heard  no  news  of  him.     So  his  two  brothers, 
who    lived    in  the  city,  were    sent   to.      They   were    not 
acquainted  with  his  affairs :  so  they  did  not  know  whether 

M  2 


164  The  History  of  the  Reign 

Chap.  IX.  he  might  not  have  stepped  aside  for  debt,  since  at  that  time 
all  people  were  calling  in  their  money,  which  broke  a  great 
many  :  but  no  creditor  coming  about  the  house,  they  on 

MS.  219.  Tuesday  |  published  his  being  thus  lost.  The  council  sat 
upon  it,  and  were  going  to  order  a  search  of  all  the  houses 
about  the  town  ;  but  were  diverted  from  it,  by  many  stories 
that  were  brought  them  by  the  duke  of  Norfolk:  some- 
times it  was  said  he  was  indecently  married,  and  the  scene 
was  often  shifted  of  the  places  where  it  was  said  he  was. 
Norfolk's  ofnciousness  in  this  matter,  and  the  last  place  he 
was  seen  at  being  near  Arundel  house,  brought  him  under 
great  suspicion1.  On  Thursday  one  came  into  a  book- 
seller's shop  after  dinner,  and  said  he  was  found  thrust 
through  with  a  sword.  That  was  presently  brought  as 
news  to  me,  but  the  reporter  of  it  was  not  known  2.  That 
night  late  his  body  was  found  in  a  ditch,  about  a  mile  out 
of  town,  near  St.  Pancras  church.  His  sword  was  thrust 
through  him  3,  but  no  blood  was  on  his  clothes  or  about 
him.  His  shoes  were  clean,  his  money  was  in  his  pocket : 
but  nothing  was  about  his  neck,  and  a  mark  was  all  round 
it,  an  inch  broad,  which  shewed  he  was  strangled.  His 
breast  was  likewise  all  over  marked  with  bruises,  and  his 
neck  was  broken.  All  this  I  saw  ;  for  Lloyd  4  and  I  went 
to  view  his  body.     There  were  many  drops  of  white  wax- 

1  North  {Examen,  202)  informs  us  well's  servant  in  the  shop  saw  any 
that  the  Duke  of  Norfolk  went  with  such  person.  However,  the  two 
great  joy  to  tell  the  news  at  White-  Scotchmen  went  with  the  news  to 
hall  of  Godfrey's  being  found  (in  his  Burnet  and  Dr.  Lloyd.  Cole. 
supposed  voluntary  concealment)  ;  3  '  But  not  bloody,  showing  that 
and  that  the  duke  narrowly  escaped  it  was  stuck  in  after  death.'  Luttrell's 
being  put  in  the  plot,  which  it  was  Diary,  i.  8. 

said  he  owed  to  the  circumstance  of  4  Upon  Lloyd,  at  this  time  Vicar 

Oates  having  been  once  his  chaplain.  of  St.  Martin's-in-the-Fields,  see  vol. 

2  One  Adam  Angus,  an  amanu-  i.  337.  The  vehement  and  inflam- 
ensis  to  Dr.  Burnet,  and  one  John  matory  funeral  sermon  which  he 
Oswald,  a  Scotch  minister,  were  in  preached  upon. Godfrey  on  Oct.  31, 
Mr.  Chiswell's  (the  bookseller)  shop,  1678,  was  immediately  published,  and 
when  a  person,  who  could  never  be  is  reprinted  in  Tuke's  Memoires  of  the 
found  out,  told  Angus  as  above ;  Life  and  Death  of  Sir  Edmundbwy 
though  neither  Oswald  nor  Mr.  Chis-  Godfrey,  London,  1682. 


of  King  Charles  II.  165 

lights  on  his  breeches;  which  he  never  used  himself1 ;  and  Chap.  IX. 
since  only  persons  of  quality  or  priests  use  those  lights, 
this  made  all  people  conclude  in  whose  hands  he  must  have 
been.  And  it  was  visible  he  was  first  strangled,  and  then 
carried  to  that  place,  where  his  sword  was  run  into  his  dead 
body.  For  a  while  it  was  given  out  that  he  was  a  hypo- 
chondriacal man,  and  had  killed  himself2.  Of  this  the  430 
king  was  possessed,  till  Lloyd  went  and  told  him  what  he 
had  seen.  The  body  lay  two  days  exposed,  many  going 
to  see  it,  who  went  away  much  moved  with  the  sight. 
And  indeed  men's  spirits  were  so  sharpened  upon  it,  that 
we  all  looked  on  it  as  a  very  great  happiness  that  the 
people  did  not  vent  their  fury  upon  the  papists  about 
the  town. 

The  session  of  parliament  was  to  be  opened  within  three 
days  3  :  and  it  may  be  easily  imagined  in  what  a  temper 
they  met.  The  court  party  were  out  of  countenance :  so  Oct.  21, 
the  country  party  were  masters  this  session.  All  Oates's 
evidence  was  now  so  well  believed,  that  it  was  not  safe  for 
any  man  to  seem  to  doubt  of  any  part  of  it.  He  thought 
he  had  the  nation  in  his  hands,  and  was  swelled  up  to 
a  high  pitch  of  vanity  and  insolence  4.  And  now  he  made 
a  new  edition  of  his  discovery  at  the  bar  of  the  house  of 
commons.  He  said  the  pope  had  declared  that  England 
was  his  kingdom,  and  that  he  had  sent  over  commissions 
to  several  persons :  and  had  by  these  made  Arundel  of 
Wardour  chancellor,  Powys  treasurer,  sir  William  Godol- 
phin,  then  in  Spain,  privy  seal,  Coleman  secretary  of  state, 
Bellasys  general,  Petre  lieutenant  general,  Ratcliffe  major 

1  L'Estrange  believed  it  was  mud,  rogued  on  July  15,  met  on  October 
not  wax.     Brief  History ,  1687,  326.  21. 

2  That  he  was  a  hypochondriacal  4  '  Yesterday  Madame  de  Mazarin 
man,  and  inherited  his  father's  dis-  was  accused  by  the  same  man 
temper,  who  had  made  several  (Oates),  and  when  he  will  make  an 
attempts  to  destroy  himself,  is  made  end  of  accusing  people,  the  Lord 
out  beyond  all  possibility  of  doubt.  knows.'  James  to  the  Prince  of 
See  L'-Estrange's  Brief  History,  Orange,  Oct.  29,  1678.  Foljambe 
Part  iii.  182,  183.     Cole.  Papers,    H.   M.    C.   Rep.    xv,    App. 

s  Parliament,  which  had  been  pro-       v.  123. 


166  The  History  of  the  Reign 

Chap.  IX.  general,  Stafford  paymaster  general,  and  Langhorn  advo- 
cate general ;  besides  many  other  commissions  for  subaltern 
officers.     These  he   said  he  saw  in  Langhorn's  chamber ; 
and  that  he  had  delivered  out  many  of  them  himself,  and 
saw  many  more  delivered  by  others.     And  he  now  swore, 
upon  his  own  knowledge,  that  both  Coleman  and  Wakeman 
were  in  the  plot ;  that  Coleman  had  given  eighty  guineas 
to  four  ruffians,  that  went  to  Windsor  last  summer,  to  stab 
the  king ;  that  Wakeman  had  undertaken  to  poison  him, 
for  which   10,000/.  was  offered  him,  but  that  he  got  the 
price   raised  to  1 5,000/. i     He  excused  his   not   knowing 
them,  when  confronted  with  them ;  that  he  was  then  so 
spent  by  a  long  examination,  and  by  not  sleeping  for  two 
nights,  that  he  was  not  then  master  of  himself ;  though  it 
seemed  very  strange  that  he  should  then  have  forgot  that 
which   he  made  now  the  main  part  of  his  evidence :  and 
should  have  then  objected  only  reports  upon  hearsay,  when 
he  had  now  such  matter  against  them,  as  he  said,  upon  his 
own  knowledge :  and  it  seemed  not  very  congruous,  that 
those  who  went  to  stab  the  king  had  but  twenty  guineas 
apiece,  when  Wakeman  was  to  have  15,000/.  for  a  safer 
way  of  killing  him.     Many  other  things  in  the  discovery 
made  it  seem  ill  digested  and  not  credible.     Bellasys  was 
almost  perpetually  ill  of  the  gout.     Petre  was  a  weak  man, 
and  had  never  any  military  command.     Ratcliffe  was  a  man 
that  lived  in  great  state  in  the  north,  and  had  not  stirred 
from   home  all   the   last   summer.     Oates   also  swore   he 
delivered  a  commission   to   be  a  colonel  in  May  last  to 
431  Howard  2,  Carlisle's  brother,  that  had  married  the  duchess 
of  Richmond.     But  a  friend  of  mine  told  me  he  was  all 
that   month   at    Bath,   lodged   in    the    same    house   with 
Howard,  with  whom  he  was  every  day  engaged  at  play : 
he  was  then  miserably  ill  of  the  gout,  of  which  he  died  soon 
after.     Oates   did   also   charge   general   Lambert,  as   one 
engaged  in  the  design,  who  was  to  have  a  great  post  when 

1  Letters  of  the  Honourable  Algernon  Sidney  to  the  Honourable  Henry  Savile 
(1742),  112.  a  scil.  Thomas  Howard. 


of  King  Charles  II.  167 

set  at  liberty.  But  he  had  been  kept  in  prison  ever  since  Chap.  ix. 
the  restoration,  and  by  that  time  had  lost  his  memory  and 
sense  1.  |  a  It  was  thought  strange  that  since  Oates  had  so  MS.  220. 
often  said,  what  I  once  heard  him  say,  that  he  had  gone  in 
among  them  on  design  to  betray  them,  that  he  had  not 
kept  any  one  of  all  these  commissions  to  be  a  real  proof  in 
support  of  his  evidence.  He  had  also  said  to  the  king, 
that  whereas  others  ventured  their  lives  to  serve  him,  he 
had  ventured  his  soul  to  serve  him  :  and  yet  he  did  suffer 
the  four  ruffians  to  go  to  Windsor  to  kill  him,  without 
giving  him  any  notice  of  his  danger.  These  were  characters 
strong  enough  to  give  suspicion,  if  Coleman's  letters  and 
Godfrey's  murder  had  not  seemed  such  authentic  confirma- 
tions, as  left  no  room  to  doubt  of  any  thing  2.  Tillotson 
indeed  told  me,  that  Langhorn's  wife,  who  was  still  as 
zealous  a  protestant  as  he  was  a  papist,  came  oft  to  him,  and 
gave  him  notice  of  every  thing  she  could  discover  among 
them  ;  though  she  continued  a  faithful  and  dutiful  wife  to 
the  last  minute  of  her  husband's  life.  Upon  the  first  break- 
ing out  of  the  plot,  before  Oates  had  spoke  a  word  of  com- 
missions, or  had  accused  Langhorn,  she  engaged  her  son 
into  some  discourse  upon  those  matters,  who  was  a  hot 
indiscreet  papist.  He  said  their  designs  were  so  well  laid, 
it  was  impossible  they  could  miscarry :  and  that  his  father 
would  be  one  of  the  greatest  men  of  England,  for  he  had 
seen  a  commission  from  the  pope  constituting  him  advocate 
general.  This  he  told  me  in  Stillingfieet's  hearing.  The 
earl  of  Shaftesbury  had  got  out  of  the  Tower  in  the  former  Feb.  26, 
session,  upon  his  submission,  to  which  it  was  not  easy  to  l6>7*- 
bring  him  ;  but  when  he  saw  an  army  raised,  he  had  no 
mind   to  lie  longer  in  prison 3.     The  matter  bore  a  long 

a  But  struck  out. 


1  See  vol.  i.  154,  285.  Bath.     H.  M.  C.  Rep.  iv.  232.     The 

2  James    admits    Coleman's   guilt.  order     for     Shaftesbury's     release, 
Foljambe  Papers,  123.  signed    by    Henry   Coventry,    is    in 

3  The  submission  was  very  com-  the  Danby  Papers,  Add.  MSS.  23,045, 
plete  ;     the    original     document    is  f.  49. 

among  the  papers  of  the  Marquis  of 


168  The  History  of  the  Reign 

Chap.  IX.  debate,  the  motion  he  had  made  in  the  king's  bench  being 
urged  much  against  him.  But  a  submission  always  take 
off  a  contempt :  so  he  got  out.  And  now  the  duke  of 
Buckingham  x  and  he,  with  the  lords  of  Essex  and  Halifax, 
were  the  governing  men  among  the  lords.  Many  hard 
things  were  said  against  the  duke  ;  yet  when  they  tried  to 
carry  an  address  to  be  made  to  the  king  to  send  him  away 
from  court,  the  majority  was  against  them. 

While  things  were  thus  in  a  ferment  at  London,  Bedloe 
delivered  himself  to  the  magistrates  of  Bristol,  pretending 
he  knew  the  secret  of  Godfrey's  murder:  so  he  was  sent  up 
to  London.  The  king  told  me  that  when  the  secretary 
432  examined  him  in  his  presence,  at  his  first  coming  he  said 
he  knew  nothing  of  the  plot ;  but  that  he  had  heard  40,000 
men  were  to  come  over  from  Spain,  who  were  to  meet  as 
pilgrims  at  St.  Jago's,  and  were  to  be  shipped  for  England : 
but  he  knew  nothing  of  any  fleet  that  was  to  bring  them 
over.  So  this  was  looked  on  as  very  extravagant.  But  he 
said  he  had  seen  Godfrey's  body  at  Somerset  house  ;  and 
that  he  was  offered  4000/.  by  a  servant  of  the  lord  Bellasys 
to  assist  in  carrying  it  away :  but  upon  that  he  had  gone 
out  of  town  to  Bristol,  where  he  was  so  pursued  with  horror 
that  it  forced  him  to  discover  it.  Bedloe  had  led  a  very 
vicious  life.  He  had  gone  by  many  false  names,  by  which 
he  had  cheated  many  persons.  He  had  gone  over  many 
parts  of  France  and  Spain  as  a  man  of  quality,  and  he  had 
made  a  shift  to  live  on  his  wits,  or  rather  by  his  cheats  2 : 
so  a  tenderness  of  conscience  did  not  seem  to  be  that  to 

1  This  is  the  last  mention  of  Buck-  in  the  H.  M.   C.  Rep.  vi.  467,  ends 

ingham  by  Burnet.  He  died,  aged  61,  with  a  very  lifelike  touch  :  'So  far  as 

in  1688,  completely  ruined.     There  I  ever  had  any  discourse  with  his 

is  an  interesting  account  of  his  last  Grace,  he  was   always    pleased   to 

moments  from  James  Gibson,  who  express  a  love    for  good  men   and 

was  with  him  at  the  time.     It  proves  good  things,  how  little  able  so  ever 

that  '  the  worst  inn's  worst  room  '"  he  was  to  live  up  to  what  he  knew.' 

is  mythical,  for  he  died  at  'the  best  2  Reresby,  Memoirs,  147,  149.  For 

house    in     Kirby     Moorside,'    near  the    debauchery    of    his     life,    see 

Helmsley   in   Yorkshire.      Gibson's,  Lyttleton  to   Hatton,  Feb.  7,  1679, 

letter,  which  is  in  the  Fairfax  Cor-  Hatton  Correspondence, 
respondence,  Civil  Wars,  ii.  268,  and 


of  King  Charles  II.  169 

which  he  was  much  subject.     But  the  very  next  day  after  Chap.  IX. 

this,  when  he  was  brought  to  the  bar  of  the  house  of  lords, 

he  made  a  full  discovery  of  his  knowledge  of  the  plot,  and 

of  the  lords  in  the  Tower  :  for  all  those  against  whom  Oates 

had  informed  were  now  prisoners.     The  king  was  upon  this 

convinced  that  some  had  been  with  Bedloe  after  he  had 

been  before  him,  who  had  instructed  him  in  this  narration, 

of  which  he  had  said  the  night  before  that  he  knew  nothing: 

and  yet  he  now  not  only  confirmed  the  main  parts  of  Oates's 

discovery,  but  added  a  great  deal  to  them.     And  he  now 

pretended  that  his  rambling  over  so  many  places  of  Europe 

was  all  in  order  to  the  carrying  out  this  design  ;  that  he 

was  trusted  with  the  secret,  and  had  opened  many  of  the 

letters  which  he  was  employed  to  carry. 

Here  were  now  two  witnesses  1  to  prove  the  plot,  as  far 
as  swearing  could  prove  it-  And  among  the  papers  of  the 
Jesuits,  that  were  seized  on  when  they  were  clapt  up,  two 
letters  were  found  that  seemed  to  confirm  all.  One  from 
Rome  mentioned  the  sending  over  the  patents,  of  which  it 
was  said  in  the  letter  that  they  guessed  the  contents, 
though  their  patrons  there  carried  their  matters  so  secretly, 
that  nothing  was  known  but  as  they  thought  fit.  The 
Jesuits,  when  examined  upon  this,  said  these  were  only 
patents  with  relation  to  the  offices  in  their  order.  Another 
letter  was  writ  to  a  Jesuit  in  the  country,  citing  him  to 
come  to  London  by  the  24th  of  April  ;  which  was  the  day 
in  which  Oates  swore  they  held  their  consult,  and  that  fifty 
of  them  had  signed  the  resolution  of  killing  the  king,  which 
was  to  be  executed  by  Grove  and  Pickering.  Now  in  the 
end  of  that  letter  it  was  added,  '  I  need  not  enjoin  secrecy, 
for  the  nature  of  the  thing  requires  it.'  When  the  Jesuit  433 
was  examined  to  this,  he  said  it  was  a  summons  for  a 
meeting  according  to  the  rule  |  of  their  order  :  and  they  MS.  221. 
being  to  meet  during  the  sitting  of  the  parliament,  that 

1  It  appears  from  a  letter  of  James  that  the  judges  were  instructed  to 
to  the  Prince  of  Orange,  October,  consider  whether  one  witness  was 
1678  (R.  O.  '  King  William's  Chest '),       not  enough. 


170  The  History  of  the  Reign 

'Chap.  IX.  was  the  particular  reason  for  enjoining  secrecy.  Yet,  while 
men's  minds  were  strongly  prepossessed,  these  answers  did 
not  satisfy,  but  were  thought  only  shifts l. 

At  this  time  Carstares,  of  whose  behaviour  in  Scotland 
mention  has  been  made2,  not  having  met  with  those 
rewards  that  he  expected,  came  up  to  London,  to  accuse 
duke  Lauderdale,  as  designing  to  keep  up  the  opposition 
that  was  made  to  the  laws  in  Scotland,  even  at  the  time 
that  he  seemed  to  prosecute  conventicles  with  the  greatest 
fury  ;  because  he  had  often  drawn  the  chief  of  their  teachers 
into  such  snares,  that  upon  the  advertisements  that  he  gave 
they  might  have  been  taken  ;  but  that  duke  Lauderdale  had 
neglected  it:  so  he  saw  he  had  a  mind  that  conventicles 
should  goon  at  the  same  time  that  he  was  putting  the  country 
in  such  a  flame  to  punish  them.  This  he  undertook  to  prove 
by  those  witnesses  of  whom  on  other  occasions  he  had  made 
use.  He  also  confessed  the  false  date  of  that  warrant  upon 
which  Baillie  had  been  censured.  He  put  all  this  in 
writing,  and  gave  it  to  the  marquess  of  Athol,  and  pressed 
him  to  carry  him  to  duke  Hamilton  and  the  earl  of  Kin- 
cardine, that  he  might  beg  their  pardon,  and  be  assured  of 
their  favour.  I  was  against  the  making  use  of  so  vile 
a  man,  and  would  have  nothing  to  do  with  him.  He  made 
his  application  to  lord  Cavendish,  and  to  some  of  the  house 
of  commons,  to  whom  I  gave  such  a  character  of  him  that 
they  would  see  him  no  more. 

While  he  was  thus  looking  about  to  see  where  he  could 
find  a  lucky  piece  of  villainy,  he  happened  to  go  into  an 
eating-house  in  Covent  Garden,  that  was  over  against  the 

1  '  The  highest  improbabilities,  the  have  believed    in   the    plot,    and    in 

absurdest   contradictions,    the   most  Oates  too,  to   a   certain   extent,   as 

apparent  falsities,  the  asseverations  did  the  two  Coventrys.     Foxcroft's 

of  dying  men,  the  infamy  and  mani-  Halifax,  i  133.  Savile  Correspondence, 

fest  perjury  of  the  witnesses,  made  107.     See  the  letter  from  Sancroft, 

not  the  least  impression  on  behalf  of  Archbishop    of  Canterbury,    Sowers 

the  accused,  either  upon  Parliament,  Tracts,   viii.    59.      For   the   ridicule 

Judge,   or  Jury.'     Clarke's   Life  of  showered  upon  the  plot  in  France, 

James  II,  i.  536.     See  also  Temple,  see  Fountainhall,  Hist.  Obs.  7. 

Works,   ii.  491.     Halifax  seems   to  a  Supra  113  and  infra  18 r. 


of  King  Charles  II.  171 

shop  of  one  Staley,  the  popish  banker,  who  had  been  in  Chap.  IX. 
great  credit,  but  was  then  under  some  difficulties ;  for 
all  his  creditors  came  to  call  for  their  money.  Staley 
happening  to  be  in  the  next  room  to  Carstares  and  his 
company,  Carstares  pretended  he  heard  him  say  in  French, 
that  the  king  was  a  rogue,  and  persecuted  the  people  of 
God  ;  and  that  he  himself  would  stab  him  if  nobody  else 
would.  The  words  were  writ  down,  which  he  resolved  to 
swear  against  him.  So  next  morning  they  went  to  him, 
and  told  him  what  they  would  swear  against  him,  and 
asked  a  sum  of  money  of  him.  He  was  in  much  anxiety, 
and  saw  great  danger  on  both  hands :  yet  he  chose  rather 
to  leave  himself  to  their  malice,  than  be  preyed  on  by  them. 
So  he  was  seized  on,  and  they  swore  the  words  against 
him :  and  he  was  appointed  to  be  tried  within  five  days  l. 
When  I  heard  who  the  witnesses  were,  I  thought  I  was 
bound  to  do  what  I  could  to  stop  it.  So  I  sent  both  to  the 
lord  chancellor  and  to  the  attorney  general,  to  let  them 
know  what  profligate  wretches  these  witnesses  were.  Jones, 
the  attorney  general,  took  this  ill  of  me,  that  I  should  dis- 
parage the  king's  evidence.  The  thing  grew  public,  and  434 
raised  great  clamour  against  me.  It  was  said  I  was  taking 
this  method  to  get  into  favour  at  court.  I  had  likewise 
observed  to  several  persons  of  weight,  how  many  incredible 
things  there  were  in  the  evidence  that  was  given.  I  wished 
they  would  make  use  of  the  heat  the  nation  was  in  to  secure 
us  effectually  from  popery :  we  saw  certain  evidence  to 
carry  us  so  far,  as  to  graft  that  upon  it :  but  I  wished  they 
would  not  run  too  hastily  to  the  taking  men's  lives  upon 
such  testimonies.  Lord  Holies  had  more  temper  than  a  I 
expected  from  a  man  of  his  heat.  Lord  Halifax  was  of  the 
same  mind.  But  the  earl  of  Shaftesbury  could  not  bear 
the  discourse.  He  said  we  must  support  the  evidence,  and 
that  all  those  who  undermined  the  credit  of  the  witnesses 

a  that,  MS. 

1  See  the  trial  in  the  second  volume  of  State  Trials,  133,  and  also  Echard's 
account  of  it,  in  his  History,  953.  O. 


172  The  History  of  the  Reign 

Chap.  IX.  were  to  be  looked  on  as  public  enemies 1.  And  so  incon- 
stant  a  thing  is  popularity,  that  I  was  then  most  bitterly- 
railed  at  by  those  who  seemed  formerly  to  put  some  con- 
fidence in  me.  It  went  so  far  that  I  was  advised  by  some 
not  to  stir  abroad  for  fear  of  public  affronts.  But  these 
things  did  not  daunt  me.  Staley  was  brought  to  his  trial, 
which  did  not  hold  long.  The  witnesses  gave  a  full  evi- 
dence against  him,  and  he  had  nothing  to  offer  to  take 
away  their  credit.  He  only  shewed  how  improbable  it 
was,  that  in  a  public  house  he  should'talk  such  things  with 
so  loud  a  voice  as  to  be  heard  in  the  next  room,  in  a  quarter 
of  the  town  where  almost  every  body  understood  French. 
He  was  cast2:  and  prepared  himself  very  seriously  for 
death.  Dr.  Lloyd  went  to  see  him  in  prison.  He  was 
offered  his  life  if  he  would  discover  their  plots :  he  pro- 
tested he  knew  of  none,  and  that  he  had  not  said  the  words 
sworn  against  him,  nor  any  thing  to  that  purpose  3.  And 
thus  he  died,  the  first  of  those  who  suffered  on  the  account 
of  the  plot.  Duke  Lauderdale,  having  heard  how  I  had 
moved  in  this  matter,  railed  at  me  with  open  mouth,  and 
said  I  had  studied  to  save  Staley,  for  the  liking  I  had  to 
any  that  would  murder  the  king :  and  he  infused  this  so 
into  the  king,  that  he  repeated  it  in  the  house  of  lords 
to  a  company  that  were  standing  about  him. 

Yet  so  soon  could  he  turn  to  make  use  [of]  a  man  whom 

1  Shaftesbury's  eager  and  unscru-  Francis  Caryll  as  to  his  treatment 

pulous  espousal  of  the  plot  was  die-  by   Buckingham    and    Shaftesbury, 

tated  by  the  desire  to  ruin   Danby  Faixfax  Correspondence,  Civil  Wars, 

and   to   defeat  the   king's   hope   of  ii.  300  ;  see  also  Ralph,  i.  539. 

tolerating  the  Catholics.    Christie,  ii.  i  Anglice,  found  guilty.     S. 

289  300.    Danby  had  merely  wished  3  Echard  says,  in  his  History  of 

to  ward  off  attack  upon  himself;  but  England,  that  at  his  execution  he 

'  My  Lord    Shaftesbury,  who  soon  denied  the  words,  for  which  he  was 

found  out  his  drift,  said,  Let  the  Trea-  condemned,  or  if  he  did  use  them, 

surer  cry  as  loud  as  he  please  against  declared  they  were  the  effect  of  a 

popery,  and  think  to  put  himself  at  vast    passion,   without    any    design 

the  head  of  the  plot,  I  will  cry  a  note  against  the    king's   person.     There 

louder   and   soon    take    his    place.'  was  a  third  witness  to  the  words, 

Clarke's   Life  of  fames  II,  i.    546.  who  called  Carstares  his  captain.  R. 
See  the  extraordinary  deposition  of 


of  King  Charles  II.  173 

he  had  censured  so  unmercifully,  that  two  days  after  this  Chap.  ix. 
he  sent  the  earl  of  Dumbarton,  that  was  a  papist,  and  had 
been  bred  in  France,  but  was  duke  Hamilton's  brother,  to 
me,  to  desire  me  to  come  to  him  secretly,  for  he  had  a  mind 
to  talk  with  me.  He  said  he  believed  I  could  do  him  ser- 
vice, if  I  had  a  mind  to  it :  and  the  see  of  Chichester  being 
then  void,  he  said  he  would  not  dispose  of  it  till  he  saw 
whether  I  would  deserve  it  or  not1.  I  asked,  if  he  fancied 
I  would  be  a  spy,  or  betray  any  body  to  him.  But  he 
undertook  to  me  that  the  king  should  ask  me  no  questions, 
but  should  in  all  things  leave  me  to  my  liberty. 

An  accident  fell  in,  before  I  went  to  him,  which  took  off  435 
much  from  Oates's  credit.     When  he  was  examined  by  the 
house  of  lords,  and  had  made  the  same  narrative  to  them 
that  he  had  offered  to  the  commons,  they  asked  him  if  he 
had  now  named   all   the   persons   whom    he  knew  to  be 
involved    in   the   plot  ?     He   said    there    might    be   some 
inferior  persons,  whom  he  had  perhaps  forgot,  but  he  had 
named  all  the  persons  of  note.     Yet  he,  it  seems,  afterwards 
bethought  himself:  and  Mrs.  Elliot,  wife  to  Elliot  of  the    Nov.  22- 
bedchamber,  came  to  the  king,  and  told  him  Oates  had       '•     7  ' 
somewhat  to  swear  against  the  queen,  if  he  would  give  way 
to  it 2.     The  king  was  willing  to  give  Oates  line  enough,  as 

1  Upon  this  offer  of  the  Bishopric  Foljambt  Papers,  125.     On  Nov.  28, 

of  Chichester  upon  conditions,  and  1678,  Oates  accused  the  queen  before 

Burnet's  reply,  see  the  Life  of  the  the  House  of  Commons.     As  late  as 

Author  affixed  to  the   last   edition,  Dec.  26,  1680,  he  was  repeating  the 

vol.  vi.  270.    Burnet  here  states  that  slander  in  private,  and  drew  upon 

the  offer  was  made  by  Lauderdale,  himself  a  rebuke  from  Reresby.     It 

though   the  words    'he   would   not  is  strange  to  find  him  then  the  chief 

dispose  of  it '  agree  better  with  the  guestatthe  table  of  Gunning,  Bishop 

Life.  of  Ely.     Reresby's    Memoirs,    196 ; 

*  '  That  great  villain  Oates  did  on  First  Whig,  44.  From  Danby's  notes 

Sunday  last  accuse  the  queen  of  her  of  the  examination  of  Oates  before 

having     designed     to     poison     his  the  Lords,  Nov.  25,  it  appears  that 

majesty  .  .  .  and  yesterday  had  the  he  declared  that,  if  all  other  attempts 

impudence  to  say  the  same  to  His  upon  the  king's  life  failed,  the  queen 

Majesty  in  full  Council  :  now  Oates  was  to  be  employed.      Add.  MSS. 

is  so   secured  that   he  cannot  gett  23,043,    f.    5.     In    Clarke's    Life  of 

away  if  he  would.'      James  to  the  fames  II,  i.  528,  it  is  stated  that  this 

Prince  of  Orange,    Nov.   26,    1678.  was  but  one  project  of  the  country 


174  The  History  of  the  Reign 

Chap.  IX.  he  expressed  it  to  me,  and  seemed  to  give  way  to  it.  So 
he  came  out  with  a  new  story :  that  the  queen  sent  for  some 
Jesuits  to  Somerset  house,  and  that  he  went  along  with 
them,  but  stayed  at  the  door  when  they  went  in  ;  where  he 
heard  one,  in  a  woman's  voice,  expressing  her  resentments 
of  the  usage  she  had  met  with,  and  assuring  them  she  would 
assist  them  in  taking  off  the  king  :  upon  that  he  was  brought 
in,  and  presented  to  her,  and  there  was  then  no  other 
woman  in  the  room  but  she.  And  when  he  was  bid 
describe  the  room,  it  proved  to  be  one  of  the  public 
rooms  of  that  court,  which  are  so  great,  that  the  queen, 
who  was  a  woman  of  a  low  voice,  could  not  be  heard  over 
it,  unless  she  had  strained  for  it.  Oates,  to  excuse  his 
saying  that  he  could  not  lay  any  thing  to  the  charge  of  any 
beside  those  he  had  already  named,  pretended  he  thought 
then  it  was  not  lawful  to  accuse  the  queen  :  but  this  did 
not  satisfy  people.  Bedloe,  to  support  this,  swore  that 
being  once  in  the  chapel  at  Somerset  house,  he  saw  the 
queen,  the  duke,  and  some  others,  very  earnest  in  discourse 
in  the  closet  above,  and  that  one  came  down  with  much 
joy,  and  said  the  queen  had  yielded  at  last ;  and  that  one 
explained  this  to  him  beyond  sea,  and  said  it  was  to  kill 
the  king.  And,  besides  Bedloe's  oath  that  he  saw  Godfrey's 
body  in  Somerset  house,  it  was  remembered  that  at  that 
time  the  queen  was  for  some  days  in  so  close  a  retirement 
that  no  person  was  admitted.  Prince  Robert  came  then  to 
wait  on  her,  but  was  denied  access.  This  raised  a  strange 
suspicion  of  her  :  but  the  king  would  not  suffer  that  matter 
to  go  any  further  K 

party   for    securing    a    divorce   for  confesses    his     persuasion     of    the 

Charles,    all    hope  of   issue   by    the  queen's    innocence.      '  I    shall    not,' 

queen  having  been  given  up.  he  says,  '  enlarge  upon  Oates's  and 

1  The  king's  constant  and  steady  Bedloe's  accusation  of  the  queen,  for 

protection  of  his  queen  against  these  I  do  not  much  give  into  it,   having 

horrible  slanders   reflects  credit   on  occasion  to  know  more  of  that  prin- 

his  conduct  in  this  instance,  during  cess  than   the    common  writers,   as 

these  difficult  and  dangerous  times.  the  archdeacon  (_Echard)  has  it.  For 

Even  that  prejudiced  partisan,  Old-  some   of    the    last    words    she    said 

mixon,  in  his  History  of  the  Stuarts,  *  before  her  death  at  Lisbon  were  to 


of  King  Charles  II. 


175 


While  the  examinations  were  going  on,  and  preparation  Chap.  IX. 
was  making  for  the  trial  of  the  prisoners,  a  bill  was  brought    0ct  28 
into  the  house  of  commons,  requiring  all  members  of  either      l678- 
house,  and  all  such  as  might  come  into  the  king's  court  or 
presence,  to  take  a  test  against  popery;  in  which  not  only 
transubstantiation  was  renounced,  but  the  worship  of  the 
Virgin   Mary  and  the  saints,  as   it  was  practised   in   the 
church    of   Rome,  was  declared   to   be   idolatrous.      This 
passed  in  the  house   of  commons  without  any  difficulty. 
But  in  the  house  of  lords,  Gunning,  bishop  of  Ely,  main-  436 
tained  that  the  church  of  Rome  was  not  idolatrous  * :  and 
he  was  answered  by  Barlow,  bishop  of  Lincoln.     The  lords 
did  not  much  mind  Gunning's  arguments,  but  passed  the 
bill :  and  though  Gunning  had  said  that  he  could  not  take 
that  test  with  a  good  conscience,  yet  as  soon  as  the  bill  was 
passed  he  took  it  in  the  crowd  with  the  rest 2.     The  duke    Nov.  20. 


an  English  physician  (Dr.  Crichton), 
from  whom  I  had  it.  The  queen, 
sitting  up  in  her  bed,  called  to  him 
to  hold  her,  while  she  said  softly  to 
this  effect,  That  when  she  was  in 
England,  she  had  been  wrongfully 
charged  with  endeavouring  to  bring 
in  popery ;  that  she  had  never 
desired  any  more  favour  for  those  of 
her  own  religion  than  was  granted 
them  by  her  marriage  articles  ;  that 
she  had  never  been  a  promoter  of 
the  French  interest ;  on  the  contrary, 
that  it  was  one  of  her  greatest  griefs, 
at  her  going  out  of  the  world,  to 
think  that  when  she  was  gone,  the 
French  faction  in  her  brother's  court 
might  do  the  confederates  ill  offices, 
for  it  was  she  that  had  kept  him  firm 
to  them'  ;  618.  Oldmixon  repeats 
this  account  in  his  History  of  the 
Three  succeeding  Reigns,  6.  R. 
Ossory,  the  queen's  chamberlain, 
writing  to  his  mother,  says  of  this  : 
'  The  king  carried  himself  most 
worthily,  showing  a  detestation  of 
what  some  thought  might  be  accept- 


able to  him.'  The  queen,  while  in 
public,  '  showed  not  the  least  emo- 
tion ;  but  yesterday,  when  she  was 
in  private,  she  ceased  not  weeping, 
bewailing  her  condition.'  H.  M.  C. 
Rep.  vi.  723. 

1  In  1664  Gunning  (see  vol.  i.  320) 
was  accused  of  contradicting  one  of 
the  Thirty-nine  Articles,  and  conse 
quently  of  not  being  a  member  of  the 
Church  of  England.  Portland  MSS. 
iii ;  H.  M.  C.  Rep.  xiv,  App.  ii.  288. 

3  Evelyn,  in  his  Memoirs,  i.  475, 
says  :  '  I  went  with  Sir  William 
Godolphin,  a  member  of  the  Com- 
mons' house,  to  the  Bishop  of  Ely 
(Dr.  Pet.  Gunning),  to  be  resolved, 
whether  masses  were  idolatry,  as 
the  test  expressed  it,  which  was  so 
worded,  that  several  good  Protes- 
tants scrupled,  and  Sir  William, 
though  a  learned  man,  and  excellent 
divine  himself,  had  some  doubts 
about  it.  The  bishop's  opinion  was, 
that  he  might  take  it,  though  he 
wished  it  had  been  otherwise  worded 
in  the  test.' 


176  The  History  of  the  Reign 

Chap.  IX.  got  a  proviso  to  be  put  in  it  for  excepting  himself1. 
He  spoke  upon  that  occasion  with  great  earnestness,  and 
with  tears  in  his  eyes.  He  said  he  was  now  to  cast  himself 
upon  their  favour  in  the  greatest  concern  he  could  have  in 
this  world.  He  spoke  much  of  his  duty  to  the  king,  and  of 
his  zeal  for  the  nation  :  and  solemnly  protested  that  what- 
ever his  religion  might  be,  that  should  only  be  a  private 
thing  between  God  and  his  own  soul,  and  that  no  effect  of 
it  should  ever  appear  in  the  government.  The  proviso 
was  carried  for  him  by  a  few  voices :  and,  contrary  to  all 
Nov.  ax.  men's  expectations,  it  passed  in  the  house  of  commons  2. 
There  was  also  a  proviso  put  in  excepting  nine  ladies  about 
the  queen :  and  she  said  she  would  have  all  the  ladies  of 
that  religion  cast  lots  who  should  be  comprehended,  only 

MS.  223.  she  named  Portsmouth,  as  one  whom  she  would  not  expose 
to  the  uncertainty  of  a  lot ;  which  was  not  thought  very 
decent  in  her,  if  her  circumstances  at  that  time  had  not 
required  an  extraordinary  submission  to  the  king  in  every 
thing3. 

Coleman  was  brought  to  his  trial.  Oates  and  Bedloe 
swore  flatly  against  him  as  was  mentioned  before.  He 
denied  that  he  had  ever  seen  either  the  one  or  the  other  of 

1  On   Nov.  2,  after  a   conference  Opposition  were  stillactingin  concert 

between   the    Houses,  Shaftesbury,  with  Barillon,  their  common  object 

supported   by   Halifax,   Essex,   and  being  the  overthrow  of  Danby  and 

Barlow,  Bishop  of  London,  demanded  the  disbanding  of  the  army.     They 

the  dismissal  of  the  duke.     On  the  persuaded  him  that  the   attack   on 

4th,  Russell,  in  the  Commons,  moved  the  Duke  of  York  was  the  readiest 

an  address  to  the  same  effect.     On  means  to  both.      Ranke,  iv.  64. 
the  9th,  Charles  expressed  his  readi-  2  By  a  majority  of  two  only,  and 

ness  to  pass  any  bills  '  to  make  you  to  the  intense  anger  of  the  Opposi- 

safe  in  the  reign  of  my  successor  (so  tion.     Commons  Journals,   Nov.  21, 

they  tend  not  to  impeach  the  right  1678.     The  numbers  were  158  and 

of  succession,  nor  the  descent  of  the  156. 

Crown  in  the  true  line,  and  so  as  3  The     Duchess    of    Portsmouth 

they  restrain  not  my  power,  nor  the  always  behaved  herself  with  great 

just  rights  of  any   Protestant  sue-  respect   to   the    queen,   which    her 

cessor).'    It  was  in  the  debate  on  the  predecessor  the   Duchess  of  Cleve- 

address  that  Sacheverell  gave  the  first'  land  never  did  ;  who,  the  queen  used 

direct  hint  of  exclusion.     Pari.  Hist.  to  say,  was  a  cruel  woman.     D. 
jv.  1034;  ^xtwcW,  First  Whig, 6^.  The 


of  King  Charles  II.  177 

them  in  his  whole  life  :  and  defended  himself  by  Oates's  not  Chap.  IX. 
knowing  him  when  they  were  first  confronted,  nor  objecting 
those  matters  to  him  for  a  great  while  after.  He  also 
pressed  Oates  to  name  the  day  in  August  in  which  he  had 
sent  the  fourscore  guineas  to  the  four  ruffians.  But  Oates 
would  fix  on  no  day,  though  he  was  very  punctual  in 
matters  of  less  moment.  Coleman  had  been  out  of  town 
almost  that  whole  month,  but  no  day  being  named,  that 
served  him  in  no  stead.  He  urged  the  improbability  of 
his  talking  to  two  such  men,  whom  he  had  by  their  own 
confession  never  seen  before.  But  they  said  he  was  told 
that  they  were  trusted  with  the  whole  secret.  His  letters 
to  P.  la  Chaise1  was  the  heaviest  part  of  the  evidence.  He 
did  not  deny  that  there  were  many  impertinent  things  in 
his  letters  :  but  said  he  intended  nothing  in  them  but  the 
king's  service  and  the  duke's.  He  never  intended  to  bring 
in  the  catholic  religion  by  rebellion  or  by  blood,  but  only 
by  a  toleration  :  that  by  the  aid  that  was  prayed  from 
France,  was  only  meant  the  assistance  of  money,  and  the 
interposition  of  that  court.  After  a  long  trial  he  was  con-  437 
vict :  and  sentence  passed  upon  him  to  die  as  a  traitor. 
He  continued  to  his  last  breath  denying  every  tittle  of  that 
which  the  witnesses  had  sworn  against  him.  Many  were  sent 
from  both  houses,  offering  to  interpose  for  his  pardon  if  he 
would  confess.  He  still  protested  his  innocence,  and  that  he 
knew  nothing  but  in  the  way  of  negotiation.  A  committee 
of  the  house  of  commons  was  sent  to  examine  him.  He 
behaved  himself  very  modestly  before  them.  He  asserted 
his  own  innocence,  and  took  great  care  to  vindicate  the 
duke.  He  said  his  own  heat  might  make  him  too  forward, 
for,  being  persuaded  of  the  truth  of  his  religion,  he  could 
not  but  wish  that  all  others  were  not  only  almost  but 
altogether  such  as  he  was,  except  in  that  chain  ;  for  he  was 
then  in  irons.  He  confessed  he  had  mixed  too  much  of 
interest  for  raising  himself  in  all  he  did  :  and  that  he  had 
received  2500  guineas  from  the  French  ambassador  to  gain 

1  Supra  159. 
VOL    II.  N 


178  The  History  of  the  Reign 

Chap.  IX.  some  friends  to  his  master,  but  that  he  had  kept  them  to 
himself.  He  had  acted  by  order  in  all  that  he  had  done, 
and  he  believed  the  king  knew  of  his  employment,  particu- 
larly that  at  Brussels :  but  though  he  seemed  willing  to  be 
questioned  concerning  the  king,  the  commons  did  not  think 
fit  to  do  it,  nor  to  report  what  he  said  concerning  it :  only 
in  general  they  reported  that  he  spoke  of  another  thing, 
about  which  they  did  not  think  fit  to  interrogate  him,  nor 
to  mention  it.  Littleton  was  one  of  the  committee,  and 
gave  me  an  account  of  all  that  passed  that  very  night :  and 
I  found  his  behaviour  made  great  impression  on  them  all. 
He  suffered  with  much  composedness  and  devotion,  and 
Dec.  3,  died  much  better  than  he  had  lived.  It  was  given  out  at 
that  time,  to  make  the  duke  more  odious,  that  Coleman 
was  kept  up  from  making  confessions,  by  the  hopes  the 
duke  sent  him  of  a  pardon  at  Tyburn  l  :  but  he  could  not 
be  so  ignorant,  as  not  to  know  that  at  that  time  it  was 
not  in  the  king's  power  to  pardon  him  2,  while  the  tide 
went  so  high. 

The  nation  was  now  so  much  alarmed,  that  all  people 
were  furnishing  themselves  with  arms,  which  heightened 
the  jealousy  of  the  court.  A  bill  passed  in  both  houses  for 
raising  all  the  militia,  and  for  their  keeping  together  for 
six  weeks,  a  third  part,  if  I  remember  right,  being  to  serve 
a  fortnight,  and  so  round.  I  found  some  of  them  hoped, 
when  that  bill  passed  into  a  law,  they  would  be  more 
masters,  and  that  the  militia  would  not  separate  till  all  the 
demands  of  the  two  houses  should  be  granted.  I  gave 
the  king  notice  of  the  consequence  of  that  bill,  and  of  the 
Nov.  30,  effects  it  might  have.  He  rejected  the  bill  when  offered  to 
1  7  him  for  his  assent,  and  thanked  me  for  the  advice  I  sent 
him  8.     I  waited  often  on  him  all  the  month  of  December. 

'  See  LuttreU.  Brief  Narration,  i.  4.  half  an  hour.'     Pari.  Hist.  iv.  1052. 

2  'I  cannot  pardon  him,'  said  'All  things  look  as  they  did  in  the 
Charles  afterwards  of  Plunket,  '  be-  beginning  of  the  late  rebellion.' 
cau^e  I  dare  not.'     Infra  293  note.  James    to    the    Prince   of  Orange, 

3  He  refused  to  give  up  the  con-  Dec.  6,  1698.  Foljambe  Papers,  175. 
trol  of  the   militia,  '  though  but  for 


of  King  Charles  II.  179 

He  came  to  me  to  Chiffinch's,  a  page  of  the  back  stairs,  Chap.  IX. 
and  kept  the  time  he  assigned  me  to  a  minute.  He  was 
alone,  and  talked  much  and  very  freely  with  me.  We 
agreed  in  one  thing,  that  the  greatest  part  of  the  evidence 
was  a  contrivance.  But  he  suspected  some  had  set  on 
Oates,  and  instructed  him,  and  named  the  earl  of  Shaftes- 
bury. I  was  of  another  mind.  I  thought  the  many  gross  438 
things  in  his  narrative  shewed  there  was  no  abler  head 
than  Oates  or  Tonge  in  the  framing  it  *,  and  Oates  in  his 
first  story  had  covered  the  duke  and  the  ministers  so  much, 
that  from  thence  it  seemed  clear  that  lord  Shaftesbury  had 
no  hand  in  it,  who  hated  them  much  more  than  he  did 
popery.  He  fancied  there  was  a  design  of  a  rebellion  on 
foot.  |  I  assured  him  I  saw  no  appearances  of  it.  I  told  MS.  224. 
him  there  was  a  report  breaking  out,  that  he  intended  to 
legitimate  the  duke  of  Monmouth.  He  answered  quick, 
that,  as  well  as  he  loved  him,  he  had  rather  see  him 
hanged  :  yet  he  apprehended  a  rebellion  so  much,  that  he 
seemed  not  ill  pleased  that  the  party  should  flatter  them- 
selves with  that  imagination,  hoping  that  would  keep  them 
quiet  and  in  a  dependance  upon  himself:  and  he  suffered 
the  duke  of  Monmouth  to  use  all  methods  to  make  himself 
popular,  reckoning  that  he  should  keep  him  in  his  own 
management.  He  was  surprised  when  I  told  him  that 
Coleman  had  insinuated  that  he  knew  of  all  their  foreign 
negotiations,  or  at  least  he  seemed  so  to  me.  I  pressed 
him  much  to  oblige  the  duke  to  enter  into  conferences  with 
some  of  our  divines,  and  to  be  present  at  them  himself. 
This  would  very  much  clear  him  of  jealousy,  and  might 
have  a  good  effect  on  his  brother :  at  least  it  would  give 

1  '  A    certain    lord    of    his    (lord  men  of  common  sense,  and  especi- 

Shaftesbury's)  confidence  in  parlia-  ally  in  parliament  ?     It  is  no  matter, 

ment,  once  asked  him  what  he  in-  said  he,  the  more  nonsensical,  the 

tended   to  do  with  the  plot,  which  better ;  if  we  cannot  bring  them  to 

was  so   full  of  nonsense,  as  would  swallow  worse  nonsense   than  that, 

scarce   go    down  with   tantum  non  we  shall  never  do   any  good  wiih 

ideots  ;  what  then  could  he  propose  them.'     North,  Examen,  i.  cap.   1 1, 

by  pressing   the   belief  of  it   upon  §  cxx.  95. 

N  2 


i8o  The  History  of  the  Reign 

Chap.  IX.  the  world  some  hopes,  as  Henry  IV  of  France,  his  grand- 
father, did,  which  kept  a  party  firm  to  him  for  some  years 
before  he  changed.  He  answered  that  his  brother  had 
neither  Henry  IV's  understanding  nor  his  conscience :  for 
he  believed  that  king  was  always  indifferent  as  to  those 
matters1.  He  would  not  hearken  to  this,  which  made  me 
inclined  to  believe  a  report  I  had  heard,  that  the  duke  had 
got  a  solemn  promise  of  the  king  that  he  would  never  speak 
to  him  of  religion.  The  king  spoke  much  to  me  concern- 
ing Oates's  accusing  the  queen,  with  the  whole  progress  of 
it.  He  said  she  was  a  weak  woman,  and  had  some  dis- 
agreeable humours  ;  but  was  not  capable  of  a  wicked 
thing :  and  considering  his  faultiness  towards  her  in  other 
things,  he  thought  it  a  horrid  thing  to  abandon  her.  He 
said  he  looked  on  falsehood  and  cruelty  as  the  greatest  of 
crimes  in  the  sight  of  God.  He  knew  he  had  led  a  bad 
life,  of  which  he  spoke  with  some  sense,  but  he  was  break- 
ing himself  of  all  his  faults,  and  he  would  never  do  a  base 
and  a  wicked  thing.  I  spoke  on  all  these  subjects  what  I 
thought  became  me,  which  he  took  well :  and  I  encouraged 
him  much  in  his  resolution  of  not  exposing  the  queen  to 
perish  by  false  swearing.  I  told  him  there  was  no  possi- 
bility of  laying  the  heat  that  was  now  raised,  but  by 
changing  his  ministry :  and  told  him  how  odious  the  earl  of 
Danby  was,  and  that  there  was  a  design  against  him,  but 
I  knew  not  particulars.  He  said  he  knew  that  lay  at 
439  bottom.  The  army  was  not  yet  disbanded,  and  the  king 
was  in  great  straits  for  money.  The  house  of  commons 
gave  a  money  bill  for  this 2 :  yet  they  would  not  trust 
Dec.  i6,  the  court  with  the  disbanding  the  army :  but  ordered 
1  7  '      the  money  to  be  brought  into  the  chamber  of  London3, 

1  His    brother    was    of    another  good  a  catholic  as  I  am.'     D. 

opinion,  as  the  Earl  of  Thanet  told  2  The  result  of  the  union  between 

me,  who  once  took  an  occasion  to  Barillon  and  the  Opposition.   Ranke, 

tell  the  duke,  he  had  heard  that  his  iv.  68. 

grandfather  said,  the  crown  of  Fiance  3  December  16.  See  Ranke,  iv.  68. 

was  worth  a  mass.     To  which   he  This  had  been  proposed  in  Oct.  1675 

answered  very  hastily,  'That  story  (cf.    supra   87,    note),   but    not   then 

is  false,    Harry  the   fourth  was   as  adopted. 


of  King  Charles  II.  181 

and  named  a  committee  for  paying  off  and  breaking  the  Chap.  IX. 
army.  I  perceived  the  king  thought  I  was  reserved  to  him, 
because  I  would  tell  him  no  particular  stories,  nor  name 
persons.  Upon  which  I  told  him,  since  he  had  that  opinion 
of  me,  I  saw  I  could  do  him  no  service,  and  would  trouble 
him  no  more  ;  but  he  should  certainly  hear  from  me,  if 
I  came  to  know  any  thing  that  might  be  of  any  consequence 
to  his  person  or  government. 

This  favour  of  mine  lasted  all  the  month  of  December  78. 
I  acquainted  him  with  Carstares's  practice  against  duke 
Lauderdale,  and  all  that  I  knew  of  that  matter,  which  was 
the  ground  on  which  I  had  gone  with  relation  to  Staley. 
The  king  told  duke  Lauderdale  of  it,  without  naming 
me ;  and  he  sent  for  Carstares,  and  charged  him  with  it. 
Carstares  denied  all,  but  said  that  duke  Hamilton  and  lord 
Kincardine  had  pressed  him  to  it  :  and  he  went  to  the  king, 
and  affirmed  it  confidently  to  him.  He  did  not  name  lord 
Athol,  hoping  that  he  would  be  gentle  to  him  for  that 
reason.  The  king  spoke  of  this  to  duke  Hamilton,  who 
told  him  the  whole  story  as  I  had  done.  Lord  Athol  upon 
that  sent  for  Carstares.  and  charged  him  with  all  this  foul 
dealing,  and  drew  him  near  a  closet,  where  he  had  put  two 
witnesses.  Carstares  said  somebody  had  discovered  the 
matter  to  duke  Lauderdale :  that  he  was  now  upon  the 
point  of  making  his  fortune,  and  that  if  duke  Lauderdale 
grew  to  be  his  enemy,  he  was  undone.  He  confessed  he 
had  charged  duke  Hamilton  and  lord  Kincardine  falsely, 
but  he  had  no  other  way  to  save  himself.  After  the 
marquis  of  Athol  had  thus  drawn  every  thing  from  him,  he 
went  to  the  king  with  his  two  witnesses,  and  the  paper  that 
Carstares  had  formerly  put  in  his  hand.  Carstares  was 
then  with  the  king,  and  was,  with  many  imprecations, 
justifying  his  charge  against  the  two  lords:  but  he  was 
confounded  when  he  saw  lord  Athol,  and  upon  that  his 
villainy  appeared  so  evidently,  that  the  part  I  had  acted  in 
that  matter  was  now  well  understood  and  approved  of. 
Carstares   died   not   long   after   under   great    horror,   and 


182  The  History  of  the  Reign 

Chap.  IX.  ordered  himself  to  be  cast  into  some  ditch  as  a  dog ;  for 
he  said  he  was  no  better.  But  I  could  never  hear  what 
he  said  of  Staley's  business. 

While  all  matters  were  in  this  confusion,  a  new  incident 
happened  that  embroiled  them  yet  more.  The  earl  of 
Danby  had  broke  with  Montagu  *,  but  he  knew  what 
letters  he  had  writ  to  him,  and  with  what  secrets  he  had 
trusted  him.  He  apprehended  Montagu  might  accuse 
440  him :  so  he  resolved  to  prevent  him.  Jenkins,  who  was 
then  at  Nimeguen,  writ  over,  according  to  a  direction 
sent  him,  as  was  believed,  that  he  understood  Montagu  had 
been  in  a  secret  correspondence  and  in  dangerous  practices 
with  the  pope's  nuncio  at  Paris.  This  was  meant  of  one 
Con,  whom  I  knew  well,  who  had  been  long  in  Rome :  and 
most  of  the  letters  between  England  and  Rome  passed 
through  his  hands.  He  was  a  crafty  man,  but  knew  news 
well,  and  loved  money.  So  Montagu  made  use  of  him,  and 
gave  him  money  for  such  secrets  as  he  could  draw  from 
him.  Upon  Jenkins's  letter,  the  king  sent  a  message  to  the 
house  of  commons,  letting  them  know  that  he  was  resolved 
to  bring  Montagu  to  a  trial,  for  being  a  confederate  with 
Rome,  and  in  the  plot  to  bring  in  popery2.  And  at  the 
same  time  he  sent  to  secure  his  cabinets  and  papers  :  a 
device  of  lord  Danby's  to  find  his  own  letters  and  destroy 
them,  and  then  to  let  the  prosecution  fall :  for  they  knew 
they  had  nothing  against  Montagu  3.  But  he  understood 
the  arts  of  a  court  too  well  to  be  easily  catched  ;  and  had 

1  Danby  had  refused  to  obtain  the  of  indemnification    from    Louis,   as 

Secretaryship    of    State     for    himx  Barillon  urged.     Dalrymple,  i.  251. 

Supra  97,  note.    Salmon's  Examina-  He  was  now  acting  in  concert  with 

tion,  828.  Barillon   and    the    Opposition.     He 

a  See  Salmon's  Examination,  828,  had  promised  Louis  to  cause  Danby's 

where  it  is  stated  that  Charles  had  fall  within  six  months  on  promise  of 

intelligence    of    the    association   of  40,000    livres    a    year,    or    100,000 

Montagu  and  the  pope's  nuncio  from  _  crowns  in  hand— of  which  he  actu- 

Olivencranz,    the    Swedish    ambas-  ally  received  50,000.     He  stood  for 

sador.     See  Grey's  Debates,  vi.  337-  Northampton    on    his    return,   and 

359.  beat  the  government  candidate. 

3  Montagu  probably  had  a  promise 


of  King  Charles  II. 


183 


Dec.  19, 

1678. 


put  a  box  in  which  those  letters  were  in  sure  hands  out  of  Chap.  IX 
the  way.  A  great  debate  rose  upon  this  matter  in  the 
house  of  commons.  It  was  thought  a  high  breach  of  privi- 
lege to  seize  on  the  papers  of  a  member  of  their  house  when 
there  was  nothing  of  treason  swore  against  him.  After 
some  hours  spent  in  the  debate,  during  which  Montagu  sat 
silent  very  long,  at  last,  when  the  box  was  brought  to  him 
from  the  person  to  whom  he  had  trusted  it,  he  opened  it, 
and  took  out  two  of  lord  Danby's  letters1,  that  contained 
instructions  for  him  to  treat  with  the  king  of  France  for 
300,000/.  a  year  for  three  years,  if  a  peace  succeeded,  since 
it  would  not  be  convenient  for  the  king  to  meet  a  parlia- 
ment in  all  that  time,  and  he  was  charged  to  mention  no 
part  of  this  to  the  secretary  '-'.  Winnington,  who  from  small 
beginnings,  and  with  as  small  a  proportion  of  learning  in 
his  profession,  in  which  he  was  rather  bold  and  ready  than 
able,  was  now  come  to  be  solicitor  general,  fell  severely 
upon  those  letters  3.     Pie  said,  here  was  a  minister  who, 


1  The  most  important  was  dated 
March  25,  167^,  cf.  supra  151,  and 
signed  by  Danby,  '  only  writ  in 
obedience  to  the  king's  command, 
who  signed  the  instructions  of  that 
letter  himself.'  Danby  Papers,  Add. 
MSS.  23,044,  f.  26  ;  23,043,  f.  159. 
It  was  endorsed,  '  This  was  writ  by 
my  order,  C.  R.'  Danby's  real  defence 
was  that  the  letter  '  was  written  by 
the  king's  command,  upon  the  sub- 
ject of  peace  and  war,  wherein  His 
Majesty  is  at  all  times  sole  judge  and 
ought  to  be  obeyed,  not  only  by  all 
ministers  of  state,  but  by  all  subjects.' 
Memoirs  relating  to  the  Impeachment 
(171  o),  151,  227;  State  Trials,  xi. 
See  Danby's  statement  in  his  letters 
to  Hatton,  March  28,  1679,  Hatton 
Correspondence,  and  to  the  Duke  of 
Newcastle  of  the  same  date,  Port- 
land MSS.,  H.  M.  C.  Rep.  xiii,  App. 
ii.  154.  See  also  Montagu's  letter 
to  Danby  regarding  these  money 
dealings,  id.  vi.  389  ;  ix.  451,  &c. ; 


Reresby,  155.  Lauderdale  knew  of 
the  letter,  but  refused  to  sign  it. 
The  two  original  drafts,  or  copies  in 
Danby's  writing,  of  his  letters  to 
Montagu,  dated  Jan.  15,  167^,  and 
March  25,  1678,  each  bearing  the 
holograph  docket  of  Charles  II,  '  I 
aprove  of  this  letter,  C.  R.,'  and  three 
autograph  letters  of  Montagu  to 
Danby,  Jan.  11,  12,  and  April  12. 
with  autograph  letters  in  reply  and 
principal  proposals  of  peace,  with 
Danby's  marginal  alterations,  are  in 
the  Webster  MSS.,  H  M.  C.  Rep. 
iii.  421. 

2  See  Henry  Sidney's  Diary,  i.  69. 

3  The  old  Lord  Trevor,  who  knew 
him  well,  said  to  me,  '  that  Win- 
nington  was  in  very  little  esteem  in 
Westminster  hall.'  But  he  was 
certainly  a  man  of  parts,  as  appears 
in  all  his  parliamentary  performances 
in  these  times.  He  was  much  sunk 
afterwards,  and  very  little  con- 
sidered, which  carried  him,  after  the 


184  The  History  of  the  Reign 

Chap.  IX.  going  out  of  the  affairs  of  his  own  province,  was  directing 
the  king's  ambassadors  and  excluding  the  secretary  of  state, 
whose  office  that  was,  from  the  knowledge  of  it :  here  was 
the  faith  of  England  to  our  allies,  and  our  own  interest 
.  likewise,  set  to  sale  for  French  money,  and  that  to  keep  off 
a  session  of  parliament.  This  was  a  design  to  sell  the 
nation,  and  to  subvert  the  government :  and  he  concluded 
that  was  high  treason  :  upon  which  he  moved  that  lord 
Danby  should  be  impeached  of  high  treason.  The  earl  of 
Danby's  party  was  much  confounded  :  they  could  neither 
deny  nor  justify  his  letters,  but  they  argued  that  they  could 
not  be  high  treason,  since  no  such  fact  was  comprehended 
441  in  any  of  the  statutes  of  treason.  The  letters  seemed  to  be 
writ  by  the  king's  order,  who  certainly  might  appoint  any 
person  he  pleased  to  send  his  orders  to  his  ministers  abroad. 
They  reflected  on  the  business  of  the  earl  of  Strafford,  and 
on  constructive  treason,  which  was  a  device  to  condemn 
a  man  for  a  fact  against  which  no  law  did  lie.  Maynard, 
an  ancient  and  eminent  lawyer,  explained  the  words  of  the 
statute  of  25  Edward  III  that  the  courts  of  law  could  only 
proceed  upon  one  of  the  crimes  there  enumerated.  But 
the  parliament  had  still  a  power  by  the  clause  in  that  act 
to  declare  what  they  thought  was  treason  !  :  so  an  act 
passed  declaring  poisoning  treason,  in  king  Henry  VIII's 
time :  and  as  by  the  statute  it  was  only  treason  to  conspire 
against  the  prince  of  Wales,  yet  if  one  should  conspire 
against  the  whole  royal  family,  when  there  was  no  prince 
of  Wales,  they  would  without  doubt  declare  that  to  be  high 
treason.  After  a  long  debate  it  was  voted  by  a  majority 
of  above  seventy  voices,  that  lord  Danby  should  be  im- 

revolution,    into    opposition    to   the  debate    on     the     illegality    of    the 

measures    of    the    court.     O.      He  pardon,  in  which   the   view  of  the 

succeeded    Sir    William    Jones    in  country  party  as  to  Danby's  crimes 

1673,  and  was  removed  at  Danby's  is  correctly  given,  id.  1115. 
desire  in  Jan.  167I  for  Finch,  second  x  Yes,  by  a  new  act,  but  not  with 

son  of  the  chancellor.      Luttrell,  6.  a    retrospect ;     therefore     Maynard 

For  the  speech  referred  to  vDec.  16),  was  a  knave  or  a  fool,  with  all  his 

see  Pari.  Hist.  iv.  1065.     See  also  law.     S. 
Powle's  speech  of  March  22  in  the 


of  King  Charles  II.  185 

peached  of  high  treason1,  and  the  impeachment  was  next  Chap.  ix. 
day  carried  up  to  the  lords.     The  earl  of  Danby  justified    D 
himself,  that  he  had  served  the  king  faithfully,  and  according      1678. 
to  his  own  orders.     And  he  produced  some  of  Montagu's 
letters 2,  to  shew  that  at  the  court  of  France  he  was  looked    Dec.  20, 
on   as  an  enemy  to  their  interest  3.     He  said  they  knew      t6?8' 
him  well  that  judged  so  of  him  ;    for  he  was  indeed   an 
enemy  to  it,  and  among  other  reasons  he  gave  this  for  one, 
that  he  knew  the  French  king  held  both  the  king's  person 
and  government  under  the  last  degree  of  contempt.    These 
words   were    thought   very  strange   with  relation    to  both 
kings.     A  great  debate  arose  in  the   house  of  lords  con- 
cerning the  impeachment ;  whether  it  ought  to  be  received 
as    an   impeachment    of   high    treason,  only   because  |  the  MS.  226. 
commons  added  the  word  high  treason  in  it.     It  was  said, 
the  utmost  could  be  made  of  it  was  to   suppose  it  true : 
but  even  in  that  case  they  must  needs  say  plainly,  that  was 
not  within  the  statute.     To  this  it  was  answered,  that  the 
house  of  commons  that  brought  up  the  impeachment  were 
to  be  heard  to  two  points  :  the  one  was,  to  the  nature  of 
the  crime :  the  other  was,  to  the  trial  of  it.     But  the  lords 
could  not  take  upon  them  to  judge  of  either  of  these,  till 
they  heard  what  the  commons  could  offer  to  support  the 
charge.     They  were  bound  therefore  to  receive  the  charge, 
and  to  proceed  according  to  the  rules  of  parliament,  which 

1  Cf.  Reresby,  Memoirs,  153.  [Dec.  20,  1678].    R.     This  is  told  in 

2  '  Meanwhile  the  treasurer  en-  different  words,  but  to  the  same 
deavoured  to  destroy  the  credit  of  purpose,  in  Cartwright's  revised 
his  accuser,  and  on  the  7th  of  Dec.)  edition  of  the  Memoirs.  It  was  on 
produced  some  letters  from  him,  the  20th,  not  the  7th,  that  Bertie 
when  in  France,  which  were  read  produced  two  of  Montagu's  letters  in 
in   the   house,  and  made   it  appear,  the  Commons  ;  Grey,  vi.  359. 

that  Montagu  had  been  very  guilty  3  In     Danby's     published    letters 

of  the   offences  he  threw  upon  his  (1710)    he   insists    that    he  was   the 

lordship,    but   his  enemies  were   so  only     person     who    '  hindered     all 

many    and    so    powerful,    that    the  things  going  into  the  French  interest 

whole  edge  was    bent  against  him;  for   diverse    years,'  and   states    that 

in  a  word,  the  tide  was  not  to  be  Monmouth  was  deep  in  the  French 

stemmed,  and  six  articles  of  impeach-  interest.      Cf.    Lindsay   MSS.    408; 

ment  were  drawn  against  him.'     Id.  supra  176  ;  Reresby,  155. 


1 86  The  History  of  the  Reign 

Chap.  IX.  was  to  commit  the  person  so  impeached,  and  then  give 
a  short  day  for  his  trial :  so  it  would  be  soon  over  if  the 
commons  could  not  prove  the  matter  charged  to  be  high 
treason.  The  debate  went  on  with  great  heat  on  both 
sides:  but  the  majority  was  against  the  commitment1. 
442  Upon  this  it  was  visible  the  commons  would  have  com- 
plained that  the  lords  denied  them  justice  :  so  there  was  no 
Dec  30,  hope  of  making  up  the  matter,  and  upon  that  the  parlia- 
ment was  prorogued  2. 

This  was  variously  censured.  The  court  condemned 
Montagu  for  revealing  the  king's  secrets3.  Others  said, 
that  since  lord  Danby  began  to  fall  on  him  it  was  reason- 
able and  natural  for  him  to  defend  himself.  The  letters 
did  cast  a  very  great  blemish  not  only  on  lord  Danby  but 
on  the  king,  who,  after  he  had  entered  into  alliances,  and 
had  received  great  supplies  from  his  people  to  carry  on 
a  war.  was  thus  treating  with  France  for  money,  which  could 
not  be  asked  or  obtained  from  France  on  any  other  account, 
but  that  of  making  the  confederates  accept  of  lower  terms 
than  otherwise  they  would  have  stood  on  ;  which  was  indeed 
the  selling  of  the  allies  and  of  the  public  faith.  All  that 
the  court  said  in  excuse  for  this  was,  that  since  the  kirjg 
saw  a  peace  was  resolved  on,  after  he  had  put  himself  to 
so  great  a  charge  to  prepare  for  war,  it  was  reasonable  for 
him  to  seek  to  be  reimbursed  as  much  as  could  be  from 
France.  This  was  ordinary  in  all  treaties,  where  the  prince 
that  desired  a  peace  was  made  to  buy  it.  This  indeed 
would  have  justified  the  king,  if  it  had  been  demanded 
above  board 4 :  but  such  underhand  dealing  was  mean  and 

1  Upon  the  refusal  of  the  Lords  to  country  at  the  dissolution.  He  then 
commit,  see  Hallam's  Const.  Hist.  engaged  in  a  plot  to  induce  Louis  to 
sm.  ed.  ii.  4ri.  declare  Monmouth  Prince  of  Wales, 

2  And  dissolved  on  Jan  24,  167!;  but  neither  Barillon  nor  Shaftesbury 
to  save  Danby  and  to  ward  off  a  fresh  would  act  with  him.  Dalrymple, 
attack  on  James.  For  a  concise  state-  i.  312,  341,  355;  Sidney's  Diary, 
ment  of  what  this  second 'Long' Par-  ii.  13.  He  retired  to  the  continent 
liament  had  done,  see  Ranke,  iv.  71.  in  1680  or  1681. 

3  Montagu     tried    to     leave    the  *  Style  of  a  gamester.     S. 


of  King  Charles  II.  187 

dishonourable :  and  it  was  said,  that  the  States  went  in  to  Chap.  IX. 
the  peace  with  such  unreasonable  earnestness  upon  the 
knowledge,  or  at  least  the  suspicion,  that  they  had  of  such 
practices.  This  gave  a  new  wound  to  the  king's  credit 
abroad,  or  rather  it  opened  the  old  one:  for  indeed  after 
our  breaking  both  the  treaty  of  Breda  and  the  triple 
alliance,  we  had  not  much  credit  to  lose  abroad.  None 
gained  so  much  by  this  discovery  as  secretary  Coventry; 
since  it  now  appeared  that  he  was  not  trusted  with  those  ill 
practices.  He  had  been  severely  fallen  on  for  the  famed 
saying  of  the  murder  of  forty  men.  Birch  aggravated  the 
matter  heavily,  and  said  it  seemed  he  thought  the  murder 
of  forty  men  a  very  small  matter,  since  he  would  rather  be 
guilty  of  it  than  oppose  an  alliance  made  upon  such 
treacherous  views  K  Coventry  answered,  that  he  always 
spoke  to  them  sincerely,  and  as  he  thought ;  and  that  if  an 
angel  from  heaven  should  come  and  say  otherwise,  (at  this 
they  were  very  attentive,  to  see  how  he  could  close  a  period 
so  strangely  begun.)  he  was  sure  he  should  never  get  back 
to  heaven  again,  but  should  be  a  fallen  and  a  lying  angel. 
Now  the  matter  was  well  understood,  and  his  credit  was 
set  on  a  sure  foot. 

After  the  prorogation,  the  earl  of  Danby  saw  the  king's 
affairs  and  the  state  of  the  nation  required  a  speedy  session. 
He  saw  little  hope  of  recovering  himself  with  that  parlia- 
ment, whence  so  great  a  majority  was  already  so  deeply 
engaged  :  so  he  entered  into  a  treaty  with  some  of  the  443 
country  party  for  a  new  parliament.  He  also  undertook 
to  get  the  duke  to  be  sent  out  of  the  way  against  the  time 
of  its  meeting.  Lord  Holies,  Littleton,  Boscawen,  and 
Hampden  were  spoke  to.  They  were  all  so  apprehensive 
of  the  continuance  of  that  parliament,  and  that  another 
set  of  ministers  would  be  able  to  manage  them  as  the  court 
pleased,  that  they  did  undertake  to  save  him,  if  he  could 

1  Cf.  supra  134;  Grey,  v.  9;  vi.  44.  Coventry  resigned  the  secretary- 
15.  On  the  enmity  between  Birch  ship  to  Leoline  Jenkins  in  July, 
and  Coventry,  see  Sidney's  Letters,       1687. 


i88  The  History  of  the  Reign 

Ciiai>.  ix.  bring  these  things  about  ;  but  it  was  understood  that  he 
must  quit  his  post,  and  withdraw  from  affairs.  Upon  which 
they  promised  their  assistance  to  carry  off  his  impeachment 
with  a  mild  censure.  The  duke  went  into  the  advice  of 
a  dissolution  upon  other  grounds.  He  thought  the  house 
of  commons  had  engaged  with  so  much  heat  in  the  matter 
of  the  plot,  that  they  could  never  be  brought  off,  or  be  made 
more  gentle  in  the  matter  of  religion.  He  thought  a  new 
parliament  would  act  in  a  milder  strain,  and  not  fly  so  high ; 
or  that  they  would  give  no  money,  and  so  the  king  and 
they  would  break  :  for  he  dreaded  nothing  so  much  as  the 
bargains  that  were  made  with  the  present  parliament,  in 

MS.  227.  which  popery  was  always  to  be  the  sacrifice.  Thus  |  both 
the  duke  and  lord  Danby  joined  in  advising  a  dissolution, 
which  was  not  resolved  on  till  the  January  following. 
Dec.  17,  In  December,  Ireland1,  Whitebread,  and  Fenwick,  three 
7  '  Jesuits 2,  and  Grove  and  Pickering,  two  of  the  servants  in  the 
queen's  chapel,  were  brought  to  their  trial.  Oates  and 
Bedloe  swore  home  against  Ireland,  that  in  August  last  he 
had  given  particular  orders  about  killing  the  king.  Oates 
swore  the  same  against  the  other  Jesuits,  but  Bedloe  swore 
only  upon  hearsay  against  them.  So,  though  they  had 
pleaded  to  their  indictment,  and  the  jury  was  sworn,  and 
the  witnesses  examined,  yet,  when  the  evidence  was  not 
found  full,  their  trial  was  put  off  to  another  time,  and  the 
jury  was  not  charged  with  them.  This  looked  as  if  it  was 
resolved  that  they  must  not  be  acquitted.  I  complained 
of  this  to  Jones,  but  he  said  they  had  precedents  for  it. 
I  always  thought  that  a  precedent  against  reason  signified 
no  more  but  that  the  like  injustice  had  been  done  once 
before.  And  the  truth  is,  the  crown  has,  or  at  least  had, 
such  advantages  in  trials  of  treason,  that  it  seems  strange 
how  any  person  was  ever  acquitted.  Ireland,  in  his  own 
defence,  proved    by  many   witnesses   that   he  went    from 

1  With  respect  to  Ireland, see  Savile       also    Jesuits,   and    these   five  were 
Correspondence  (Camb.  Soc),  107.  not  condemned  and  executed  until 

2  Whitebread  and  Fenwick  were       June  20,  1679  :  infr<*  225-227. 


of  King  Charles  II.  189 

London  on  the  second  of  August  to  Staffordshire,  and  did  Chap.  ix. 
not  come  back  till  the  twelfth  of  September ;  yet,  in  oppo- 
sition  to  that,  a  woman  swore  that  she  saw  him  in  London 
about  the  middle  of  August.  So,  since  he  might  have 
come  up  post  in  one  day,  and  gone  down  in  another,  this 
did  not  satisfy.  Oates  and  Bedloe  swore  against  Grove 
and  Pickering  that  they  had  undertaken  to  shoot  the  king 
at  Windsor;  that  Grove  was  to  have  1500/  for  it,  and  that  444 
Pickering  chose  thirty  thousand  masses,  which  at  a  shilling 
a  mass  amounted  to  the  same  sum.  They  attempted  it 
three  several  times  with  a  pistol :  once  the  flint  was  loose, 
at  another  time  there  was  no  powder  in  the  pan,  and  the 
third  time  the  pistol  was  charged  only  with  bullets.  This 
was  strange  stuff ;  but  all  was  imputed  to  a  special  provi- 
dence of  God,  and  the  whole  evidence  was  believed.  So 
they  were  convicted,  condemned,  and  executed  ;  but  denied  Jan.  24, 
to  the  last  every  particular  that  was  sworn  against  them1. 

This  began  to  shake  the  credit  of  the  evidence,  when 
a  more  composed  and  credible  person  came  in  to  support 
it.  One  Dugdale,  that  had  been  the  lord  Aston's  bailie, 
and  lived  in  a  fair  reputation  in  the  country,  was  put  in 
orison  for  refusing  the  oaths  of  allegiance  and  supremacy2. 

1  From  the  Savile  Correspondence,  93  five  Jesuits  lately  executed,  in  which 

and  passim,  it  appears  that  the  per-  it  is  proved  that  according  to  their 

secution  of  the  papists   in   England  principles  they  not  only  might,  but 

was  in  great  measure  the  cause  of,  or  also  ought,  to  die  after  that  manner, 

at  any  rate  was  made  the  excuse  for,  with  solemn  protestations   of  their 

that  of  the  Huguenots  in  France.   The  innocency.'  , 

dying   speeches  of  Ireland,   White-  2  Higgons,    in    his    Remarks    on 

bread,  and  the  rest,  which  are  extant,  Burnet's   History,    209,    points    out, 

were  translated  by  Perela  Chaise,  and  that    on    Lord    Stafford's   trial    (he 

published  in  France.     For  the  effect,  might  have  added,  on  the  trial  of  the 

See  id.  112.  And  in  1681  Barillon  was  five   Jesuits),    it   was    proved,    that 

ordered  to   give  an   account   of  the  Dugdale  was  a  man  of  bad  character, 

treatment  of  Catholics  in  England,  and  had  defrauded  Lord  Aston  his 

'  that  being  the  model  designed  for  master ;     and     observes,    that     the 

what  treatment  the  English  Protes-  bishop     himself,     in     505,     relates, 

tants  shall  find  here.'     Id.  174.     In  that  on  the  trial  of  College,  Dugdale 

1679  was  published   '  An  impartial  forswore  himself  so  directly,  that  he 

consideration     of    those     speeches  quite  sunk  his  credit,  and  was  never 

which  pass  under  the  name  of  the  more  heard  of. 


190  The  History  of  the  Reign 

Chap.  IX.  He  did  then,  with  many  imprecations  on  himself,  deny  that 
he  knew  of  any  plot  ;  but  afterwards  he  made  a  great  dis- 
covery of  a  correspondence  that  Evers,  the  lord  Aston's 
Jesuit,  held  with  the  Jesuits  in  London  ;  who  had  writ 
much  to  Evers  of  the  design  of  killing  the  king,  and 
desired  him  to  find  out  men  proper  for  executing  it, 
whether  they  were  gentlemen  or  not.  This,  he  swore,  was 
writ  plain  in  a  letter  from  Whitebread,  the  provincial, 
directed  to  himself,  but  he  knew  it  was  meant  for  Evers. 
He  and  Govan,  another  Jesuit,  pressed  this  Dugdale  to 
undertake  it :  they  promised  he  should  be  canonized  for  it, 
and  the  lord  Stafford  offered  him  -f>ol.  if  he  would  set 
about  it.  He  was  a  man  of  sense  and  temper,  and  behaved 
himself  decently,  and  had  somewhat  in  his  air  and  deport- 
ment that  disposed  people  to  believe  him  :  so  that  the  king 
himself  began  to  think  there  was  somewhat  in  the  plot, 
though  he  had  very  little  regard  either  to  Oates  or  Bedloe. 
Dugdale's  evidence  was  much  confirmed  by  one  circum- 
stance. He  had  talked  of  a  justice  of  peace  in  West- 
minster that  was  killed,  on  the  Tuesday  after  Godfrey  was 
missed :  so  that  the  news  of  this  must  have  been  writ  from 
London  on  the  Saturday  night's  post.  He  did  not  think  it 
was  a  secret :  and  so  he  had  talked  it  as  news  in  an  ale- 
house. The  two  persons  to  whom  he  said  he  spoke  it 
remembered  nothing  of  it,  the  one  being  the  minister  of  the 
parish :  but  several  others  swore  they  had  heard  it.  He 
saw  this,  as  he  swore,  in  a  letter  writ  by  Harcourt  the 
Jesuit  to  Evers,  in  which  Godfrey  was  named  *.  But  he 
added  a  strange  story  to  this,  which  he  said  Evers  told  him 
afterwards ;  that  the  duke  had  sent  to  Coleman  when  he 
was  in  Newgate  to  persuade  him  to  discover  nothing,  and 
that  he  desired  to  know  of  him  whether  he  had  ever  dis- 
covered it  to  any  other  person ;  and  that  Coleman  sent 
back  answer,  that  he  had  spoke  of  it  to  Godfrey,  but  to  no 

1   Harcourt's    chamber    was    ran-       of    the     Jesuits.     Portland    MSS., 
sacked  for  papers  which  it  was  hoped       H.  M  C.  Rep.  xiii,  App.  ii.  155. 
would  discover  the  land  and  money 


of  King  Charles  II.  191 

other  man :  upon  which  the  duke  gave  order  to  kill  him.  Chap.  IX. 
This  was  never  made  public  till  the  lord  Stafford's  trial :  445 
and  I  was  amazed  to  see  such  a  thing  break  out  after  so 
long  a  silence,  and  it  looked  like  an  addition  to  Dugdale's 
first  evidence,  though  he  had  been  noted  for  that,  as 
having  brought  out  all  his  discoveries  at  once.  But  the 
earl  of  Essex  told  me  he  swore  it  on  his  first  examina- 
tion, but  since  it  was  only  upon  hearsay  from  Evers, 
and  so  was  nothing  in  law,  and  yet  would  heighten  the 
fury  against  the  duke,  the  king  charged  Dugdale  to  say 
nothing  of  it. 

1  At  the  same  time  a  particular  discovery  was  made  of  MS.  228. 
Godfrey's  murder.  Prance,  a  goldsmith  that  wrought  for 
the  queen's  chapel,  had  gone  from  his  house  for  two  or 
three  days  the  week  before  the  murder1;  and  one  that 
lodged  in  his  house,  calling  that  to  mind  upon  Bedloe's 
swearing  he  saw  the  body  in  Somerset  house,  fancied  that  this 
was  the  time  in  which  he  was  from  home,  and  that  he  might 
be  concerned  in  that  matter ;  though  it  appeared  after- 
wards that  his  absence  was  the  week  before,  and  he  said 
he  went  from  his  own  house  fearing  to  be  put  in  prison, 
as  many  were  upon  suspicion,  or  on  the  account  of  his 
religion.  Yet  upon  this  information  he  was  seized  on,  and 
carried  to  Westminster.  Bedloe  accidentally  passed  by, 
not  knowing  any  thing  concerning  him  :  and  at  first  sight 
he  charged  some  to  seize  on  him,  for  he  was  one  of  those 
whom  he  saw  about  Godfrey's  body :  yet  he  denied  every 
thing  for  some  days.     Afterwards  he  confessed  he  was  in  it, 

1  There    is    a    letter   dated    1687  Mr.  Miles  Prance,  of  Covent  Garden, 

(?  1678)  among  the  papers  of  Monta-  Goldsmith,  1679,  Dec.  31,  1678,  and 

cute  House,  giving  an  account  of  the  Jan.    2,    i67f.     Prance    received    a 

taking    and    confession    of    Brance  pardon  for  his  confession  ;  id.  Jan  21, 

(?  Prance).     H.    M.    C.   Rep.    i.    58.  1679.     See  the  depositions  of  Prance 

The  minutes  of  his  examination,  and  and    Bedloe   in  parallel  columns  in 

of  that  of  the  other  prisoners,  before  Ralph,  i.  4 19,  with  the  absurd  contra- 

the  Lords,  are  in  id.  Rep.   ix,  App.  dictions  in  them.     Compare  with  the 

Part  ii.  51,  &c.     See  also  the  News-  remarks  of  James,  Foljambe  Papers, 

letter    in    the    Fleming  Papers,   and  127. 
A   True  Narrative  and  Discovery,  by 


192  The  History  of  the  Reign 

Chap.  IX.  and  he  gave  this  account  of  it.  Girald  and  Kelly,  two 
priests,  engaged  him  and  three  others  into  it ;  who  were 
Green,  that  belonged  to  the  queen's  chapel.  Hill,  that  had 
served  Godden  the  most  celebrated  writer  among  them, 
and  Berry,  the  porter  of  Somerset  house  \  He  said,  these 
all,  except  Berry,  had  several  meetings,  in  which  the  priests 
persuaded  them  it  was  no  sin,  but  a  meritorious  action,  to 
despatch  Godfrey,  who  had  been  a  busy  man  in  taking 
depositions  against  them,  and  that  the  taking  him  off 
would  terrify  others.  Prance  named  an  alehouse  where 
they  used  to  meet,  and  the  people  of  that  house  did  confirm 
this  of  their  meeting  there.  After  they  had  resolved  on  it, 
they  followed  him  for  several  days.  The  morning  before 
they  killed  him,  Hill  went  to  his  house,  to  see  if  he  was  yet 
gone  out,  and  spoke  to  his  maid,  and  finding  he  was  yet  at 
home,  they  stayed  his  coming  out.  This  was  confirmed  by 
the  maid,  who  upon  Hill's  being  taken  went  to  Newgate, 
and  in  a  crowd  of  prisoners  distinguished  him,  and  said  he 
was  the  person  that  had  asked  for  her  master  the  morning 
before  he  was  lost.  And  then  he  said  they  dogged  him 
into  a  place  near  St.  Clement's  church,  where  he  was  kept 
till  night.  This  laid  the  suspicion  still  heavier  on  the  duke 
of  Norfolk2.  Prance  was  appointed  to  be  at  Somerset 
house  at  night,  and,  as  Godfrey  went  by  the  water  gate, 
two  of  them  pretended  to  be  hot  in  quarrel,  and  one  run 
446  out  to  call  a  justice  of  peace,  and  so  he  pressed  Godfrey  to 
go  in  and  part  them.  He  was  not  easily  prevailed  on  to 
do  it,  yet  did  at  last.  Green  then  got  behind  him,  and 
pulled  a  cravat  about  his  neck,  and  drew  him  down  to  the 
ground,  and  strangled  him.  Upon  that  Girald  would  have 
run  him  through,  but  the  rest  diverted  him  from  that,  by 
representing  the  danger  of  a  discovery  by  the  bloods  being 
seen  there.  Upon  that  they  carried  up  his  body  to 
Godden 's  room,  of  which  Hill  had  the  key,  he  being  then 
in  France.     Two  days  after,  they  removed  it  to  a  room 

1  Luttrell    notes    that    the  place  where  Godfrey  was  found  was  Green 
Berry  Hill,  9.  *  Cf.  supra  164. 


of  King  Charles  II.  193 

cross  the  upper  court,  which  he  could  never  describe  par-  Chap.  IX. 
ticularly;  and  that  not  being  found  a  convenient  place, 
they  carried  it  back  to  Godden's  lodgings.  At  last  it  was 
resolved  to  carry  it  out  in  the  night,  in  a  sedan,  to  the 
remote  parts  of  the  town,  and  from  thence  to  cast  it  into 
some  ditch.  On  Wednesday  a  sedan  was  provided,  and 
one  of  the  centinels  swore  he  saw  a  sedan  carried  in,  but 
none  saw  it  brought  out.  Prance  said  they  carried  him 
out,  and  that  Green  had  provided  a  horse,  on  whose  back 
he  laid  him  when  they  had  got  clear  of  the  town,  and  then 
he  carried  him  as  he  believed  to  the  place  where  his  body 
was  found.  This  was  a  consisting  story,  which  was  sup- 
ported in  some  circumstances  by  collateral  proofs.  He 
added  another  particular,  that  some  days  after  the  fact 
those  who  had  been  concerned  in  it,  and  two  others  who 
were  on  the  secret,  appointed  to  meet  at  Bow,  where  they 
talked  much  of  that  matter.  This  was  confirmed  by  a 
servant  of  that  house,  who  was  coming  in  and  out  to  them, 
and  heard  them  often  mention  Godfrey's  name ;  upon 
which  he  stood  at  the  door  out  of  curiosity  to  hearken,  but 
one  of  them  came  out  and  threatened  him  for  it.  The 
priests  were  not  found :  but  Green,  Hill,  and  Berry,  were 
apprehended  upon  it.  Yet  some  days  after  this,  Prance 
desired  to  be  carried  to  the  king,  who  would  not  see  him 
but  in  council  :  and  then  he  denied  all  that  he  had  formerly 
sworn,  and  said  it  was  all  a  fiction.  But  as  soon  as  he  was 
carried  back  to  prison,  he  sent  the  keeper  of  Newgate  to 
the  king,  to  tell  him  that  all  he  had  sworn  was  true,  but 
that  the  horror  and  confusion  he  was  in  put  him  on  denying 
it :  yet  he  went  off  from  this  again,  and  denied  every  thing. 
Dr.  Lloyd  was  upon  this  sent  to  him,  to  talk  with  him.  At 
first  he  denied  every  thing  to  him ;  but  he  said  to  me  that 
he  was  almost  dead  through  the  disorder  of  his  mind,  and 
with  cold  in  his  body ;  but  after  that  Lloyd  had  made 
a  fire,  and  put  him  in  a  bed,  and  began  to  discourse  the 
matter  with  him,  he  returned  to  his  first  confession,  which 
he  'did  in  such  a  manner,  |  that  Lloyd  said  to  me  it  was  not  MS.  229. 
VOL.  II.  O 


194  The  History  of  the  Reign 

Chap.  IX.  possible  for  him  to  doubt  of  his  sincerity  in  it 1.  So  he 
persisting  in  his  first  confession,  Green,  Hill,  and  Berry- 
were  brought  to  their  trial.  Bedloe  and  Prance,  with  all 
the  circumstances  formerly  mentioned,  was  the  evidence 
against  them.  On  the  other  hand  they  brought  witnesses 
447  to  prove  that  they  came  home  in  a  good  hour  on  the  nights 
in  which  the  fact  was  said  to  be  done.  Those  that  lived  in 
Godden's  lodgings  deposed  that  no  dead  body  could  be 
brought  thither,  for  they  were  every  day  in  the  room  that 
Prance  had  named ;  and  the  centinels  of  that  night  of  the 
carrying  him  out  said    they  saw  no  sedan  brought  out. 

Feb.  21,    They  were,  upon  a  full  hearing,  convicted  and  condemned. 

Feb.  28  Green  and  Hill  died  as  they  had  lived,  papists ;  and  with 
l67l-  solemn  protestations  denied  the  whole  thing.  Berry  de- 
clared himself  a  protestant,  and  that  though  he  had  changed 
his  religion  for  fear  of  losing  his  place,  yet  he  had  still 
continued  to  be  one  in  his  heart.  He  said  he  looked  on 
what  had  now  befallen  him  as  a  just  judgment  of  God  upon 
him  for  that  dissimulation.  He  denied  the  whole  matter 
charged  on  him.  He  seemed  to  prepare  himself  seriously 
for  death,  and  to  the  last  minute  he  affirmed  he  was  alto- 
gether innocent.  Lloyd  attended  on  him,  and  was  much 
persuaded  of  his  sincerity.  Prance  swore  nothing  against 
him  but  that  he  assisted  in  the  fact,  and  in  carrying  about 
the  dead  body.  So  Lloyd  reckoned  that,  those  things 
being  done  in  the  night,  Prance  might  have  mistaken  him 
for  some  other  person  who  might  be  like  him,  considering 

1  Lloyd,  however,   in  a  letter  to  Yet  he  is  best  able  to  confute  his 

Sir    Roger    L'Estrange,    April    16,  own  fictions  concerning  it ;  and  his 

1686,  says  thus :  '  I  never  saw  how  Word  may  be  of  some  credit  in  this, 

Prance's  evidence  could  stand,  and  though  of  none  in  any  thing  else.' 

I   never  went   about  to  support  it.'  Brief  History  of  the  Times,   Part  iii. 

And    again :    '  As    for    Otes's    and  85.     Thus,    if    Lloyd    was    sincere 

Bedloe's  and  Prance's  informations,  in   what    he  wrote    to    Sir   Roger 

they  would  make  me  renounce  every  L'Estrange,  it  is  quite  contradictory 

thing  that  dependeth  on  their  credit.'  to  what  Burnet  makes  him  say  in 

And  again :'  I  believe  Prance  can  say  this  place.     But  these  two  bishops 

nothing  more  than  every  one  knows  did   all   in   their  power  to   inflame 

of  the  murther  of  sir  E.  B.  Godfrey.  matters  against  the  papists.     Cole. 


of  King  Charles  II.  195 

the  confusion  that  so  much  guilt  might  have  put  him  in.  Chap.  IX. 
He  therefore  believed  Prance  had  sworn  rashly  with  rela- 
tion to  him,  but  truly  as  to  the  main  of  the  fact.  The 
papists  took  great  advantage  from  Berry's  dying  a 
protestant,  and  yet  denying  all  that  was  sworn  against 
him,  though  he  might  have  had  his  life  if  he  would  have 
confessed  it.  They  said  this  shewed  it  was  not  from  the 
doctrine  of  equivocation,  or  from  the  power  of  absolution, 
or  any  other  of  their  tenets,  that  so  many  died  denying  all 
that  was  sworn  against  them,  but  from  their  own  conviction. 
And  indeed  this  matter  came  to  be  charged  on  Lloyd,  as  if 
he  had  been  made  a  tool  for  bringing  Berry  to  this  seeming 
conversion,  and  that  all  was  done  on  design  to  cover  the 
queen.  But  I  saw  him  then  every  day,  and  was  well 
assured  that  he  acted  nothing  in  it  but  what  became  his 
profession,  with  all  possible  sincerity.  Prance  began  after 
this  to  enlarge  his  discoveries.  He  said  he  had  often  heard 
them  talking  of  killing  the  king,  and  of  setting  on  a  general 
massacre,  after  they  had  raised  an  army.  Dugdale  had 
also  said  he  had  heard  them  discourse  of  a  massacre.  The 
memory  of  the  Irish  massacre  was  yet  so  fresh,  as  [to] 
raise  a  particular  horror  at  the  very  mention  of  this ; 
though  where  the  numbers  were  so  great  as  in  Ireland, 
that  might  have  been  executed,  yet  there  seemed  to  be  no 
occasion  to  apprehend  the  like  where  the  numbers  were  in 
so  great  an  inequality  as  two  hundred  to  one.  Prance  did 
also  swear  that  a  servant  of  the  lord  Powys  had  told  him 
that  there  was  one  in  their  family  who  had  undertaken  to 
kill  the  king ;  but  that  some  days  after  he  told  him  they 
had  now  gone  off  from  that  design.  It  looked  very  strange, 
and  added  no  credit  to  his  other  evidence,  that  the  papists  448 
should  be  thus  talking  of  killing  the  king  as  if  it  had  been 
a  common  piece  of  news.  But  there  are  seasons  of  be- 
lieving as  well  as  of  disbelieving :  and  believing  was  then 
so  much  in  season,  that  improbabilities  or  inconsistencies 
were  little  considered.  Nor  was  it  safe  so  much  as  to  make 
reflections  on  them :  that  was   called  the  blasting  of  the 

O  % 


196  The  History  of  the  Reign 

Chap.  IX.  plot,  and  the  disparaging  of  the  king's  evidence.  Though 
indeed  Oates  and  Bedloe  did  by  their  behaviour  detract 
more  from  their  own  credit,  than  all  their  enemies  could 
have  done.  The  former  talked  of  all  persons  with  in- 
sufferable insolence :  and  the  other  was  a  scandalous 
libertine  in  his  whole  deportment. 

The  lord  chief  justice  at  that  time  was  sir  William 
Scroggs  \  a  man  more  valued  for  a  good  readiness  in 
speaking  well,  than  either  for  learning  in  his  profession,  or  for 
any  moral  virtue.  His  life  had  been  indecently  scandalous, 
and  his  fortunes  were  very  low.  He  was  raised  by  the 
earl  of  Danby's  favour,  first  to  be  a  judge,  and  then  to  be 
chief  justice  ;  and  it  was  a  melancholy  thing  to  see  so  bad, 
so  ignorant;  and  so  poor  a  man,  raised  up  to  that  great 
post.  Yet  he,  now  seeing  how  the  stream  run,  went  into  it 
with  so  much  zeal  and  heartiness,  that  he  was  become  the 
favourite  of  the  people.  But,  when  he  saw  the  king  had  an 
ill  opinion  of  it,  he  grew  colder  in  the  pursuit  of  it.  He 
began  to  neglect  and  check  the  witnesses  :  upon  which 
they,  who  behaved  themselves  as  if  they  had  been  the 
tribunes  of  the  people,  began  to  rail  at  him.  Yet  in  all  the 
trials  he  set  himself,  even  with  indecent  earnestness,  to  get 
the  prisoners  to  be  always  cast. 

MS.  230.  I  Another   witness    came    in    soon   after   these   things, 

Jennison,  the  younger  brother  of  a  Jesuit,  and  a  gentle- 
man of  a  family  and  estate.  He,  observing  that  Ireland 
had  defended  himself  against  Oates  chiefly  by  this,  that  he 
was  in  Staffordshire  from  the  beginning  of  August  to  the 
1 2th  of  September,  and  that  he  had  died  affirming  that  to  be 
true,  seemed  much  surprised  with  it  ;  and  upon  that  turned 
protestant.     For  he  said,  he  saw  him  in  London  on  the 

1  Judge   of   the    Common    Pleas,  his  mother  a  big  fat  woman  with  a 

1676;    Lord    Chief   Justice,    1678;  red  face  like  an  ale  wife.'     Dugdale. 

died  Oct.  25,  1683.     'A  ranter  but  He  was  a  man  of  coarse,  even  bestial 

(except  in  the  affair  of  Oates)  on  the  habits  ;    on  his   excessive  drinking, 

right  side.'     North's  Life  of Guilford,  see   Hatton   Correspondence,  passim. 

195,     196.       '  Son    of    a    one-eyed  See   infra,   262,    290.     He    died   in 

butcher   near    Smithfield  Bars,  and  1683. 


of  King  Charles  II.  197 

19th  of  August,  on  which  day  he  fixed  upon  this  account,  Chap.  ix. 
that  he  saw  him  the  day  before  he  went  down  in  the  stage 
coach  to  York,  which  was  proved  by  the  books  of  that 
office  to  have  been  the  20th  of  August.  He  said  he  was 
come  to  town  from  Windsor,  and  hearing  Ireland  was  in 
town,  he  went  to  see  him,  and  found  him  drawing  off  his 
boots.  Ireland  asked  him  news,  and  in  particular  how  the 
king  was  attended  at  Windsor?  And  when  he  answered, 
that  he  walked  about  very  carelessly,  with  very  few  about 
him,  Ireland  seemed  to  wonder  at  it,  and  said  it  would  be 
easy  then  to  take  him  off:  to  which  Jennison  answered 
quick,  God  forbid  !  but  Ireland  said  he  did  not  mean  that 
it  could  be  lawfully  done.  Jennison  in  the  letter  in  which 
he  writ  this  up  to  a  friend  in  London  added,  that  he  remem- 
bered an  inconsiderable  passage  or  two  more,  and  that 
perhaps  Smith  (a  priest  that  had  lived  with  his  father) 
could  help  him  to  one  or  two  more  circumstances  relating 
to  those  matters  :  but  he  protested,  as  he  desired  the  for-  449 
giveness  of  his  sins  and  the  salvation  of  his  soul,  that  he 
knew  no  more,  and  wished  he  might  never  see  the  face  of 
God  if  he  knew  any  more.  This  letter  was  printed,  and 
great  use  was  made  of  it,  to  shew  how  little  regard  was  to 
be  had  to  those  denials  with  which  so  many  had  ended 
their  lives.  But  this  man  in  the  summer  thereafter  pub- 
lished a  long  narrative  of  his  knowledge  of  the  plot.  He 
said  he  himself  had  been  invited  to  assist  in  killing  the 
king,  and  he  named  the  four  ruffians  that  went  to  Windsor 
to  do  it ;  and  he  thought  to  have  reconciled  this  to  his 
letter,  by  pretending  these  were  the  circumstances  that  he 
had  mentioned  in  it.  Smith  did  also  change  his  religion, 
and  deposed  that,  when  he  was  at  Rome,  he  was  told  in 
general  of  the  design  of  killing  the  king.  He  was  after- 
wards discovered  to  be  a  vicious  man ;  yet  he  went  no 
further  than  to  swear  that  he  was  acquainted  with  the 
design  in  general,  but  not  with  the  persons  that  were 
employed  in  it.  By  these  witnesses  the  credit  of  the  plot 
was  universally  established :  yet  no  real  proofs  appearing, 


198  The  History  of  the  Reign 

Chap.  IX.  beside  Coleman's  letters  and  Godfrey's  murder,  the  king 
by  proclamation  did  offer  both  a  pardon  and  200/.  to  any 
one  that  would  come  in,  and  make  further  discoveries. 
This  was  thought  too  great  a  hire  to  purchase  witnesses  : 
money  had  been  often  offered  to  those  who  should  bring  in 
criminals ;  but  it  was  said  to  be  a  new  and  an  indecent 
practice  to  offer  so  much  money  to  men  that  should  merit 
it  by  swearing  :  and  it  might  be  too  great  an  encourage- 
ment to  perjury. 

While  the  witnesses  were  weakening  their  own  credit, 
some  practices  were  discovered  that  did  very  much  support 
it.  Reading,  a  lawyer  of  some  subtilty  but  of  no  virtue, 
was  employed  by  the  lords  in  the  Tower  to  solicit  their 
affairs.  He  insinuated  himself  much  into  Bedloe's  confi- 
dence, and  was  much  in  his  company :  and  in  the  hearing 
of  others  he  was  always  pressing  him  to  tell  all  he  knew. 
He  lent  him  money  very  freely,  which  the  other  wanted 
often  :  and  he  seemed  at  first  to  design  only  to  find  out 
somewhat  that  should  destroy  the  credit  of  his  testimony. 
But  he  ventured  on  other  practices,  and  offered  him  much 
money  if  he  would  turn  his  evidence  against  the  popish 
lords  only  into  a  hearsay,  so  that  it  should  not  come  home 
against  them.  Reading  said  Bedloe  began  the  proposition 
to  him  1,  and  employed  him  to  see  how  much  money  these 
lords  would  give  him  if  he  should  bring  them  off:  upon 
which  Reading,  as  he  pretended  afterwards,  seeing  that 
innocent  blood  was  like  to  be  shed,  was  willing,  even  by 
indirect  means,  to  endeavour  to  prevent  it :  yet  he  freed 
the  lords  in  the  Tower.  He  said  they  would  not  promise 
a  farthing ;  only  the  lord  Stafford  said  he  would  give  him- 
self two  or  three  hundred  pound,  which  he  might  dispose 
of  as  he  pleased.  While  Reading  was  driving  the  bargain, 
Bedloe  was  too  hard  for  him  at  his  own  trade  of  craft :  for, 
450  as  he  acquainted  both  prince  Rupert 2  and  the  earl  of 
Essex  with  the  whole  negotiation,  from  the  first  step  of  it, 

1  Sidney's  Letters,  48.     April  28,  a  This  is  the  last  notice  in  the  text 

1679.  of  Rupert,  who  died  in  Nov.  1682. 


of  King  Charles  II.  199 

so  he  placed  two  witnesses  secretly  in  his  chamber,  when  Chap.  IX. 

Reading  was  to  come  to  him,  and  he  drew  him  into  those 

discourses  which    discovered   the   whole   practice    of  that 

corruption.     Reading  had  likewise  drawn  a  paper,  by  which 

he  shewed  him  with  how  few  and  small  alterations  he  could 

soften  his  deposition  so  as  not  to  affect  |  the  lords.     With  MS.  231. 

these  witnesses  and  this  paper  Bedloe  charged  Reading. 

The  whole  matter  was  proved  beyond  contradiction :  and 

as  this  raised  his  credit,  so  it  laid  a  heavy  load  on  the 

popish  lords,  though  the  proof  came  home  only  to  Reading: 

and  he  was  set  in  the  pillory  for  it.     Bedloe  made  a  very 

ill  use  of  this  discovery,  which  happened  in  March,  to  cover 

his  having  sworn  against  Whitebread  and  Fenwick  only 

upon  hearsay  in  December  :  for,  being  resolved  to  swear  plain 

matter  upon  his  own  knowledge  against  them,  when  they 

should  be  brought  again  on  the  trial,  he  said  Reading  had 

prevailed  on  him  to  be  easy  to  them,  as  he  called  it  ;  and 

that  he  had  said  to  him  that  the  lords  would    take   his 

saving  of  these  Jesuits  as  an  earnest  of  what  he  would  do 

for  themselves  ;  though  it  was  not  very  probable  that  those 

lords  would  have  abandoned  Ireland,  when  they  took  such 

care  of  the  other  Jesuits.     The  truth  was,  he  ought  to  have 

been  set  aside  from  being  a  witness  any  more,  since  now 

by  his  own  confession  he  had  sworn  falsely  in  that  trial : 

he  first  swore   he  knew  nothing   of  his    own   knowledge 

against  the  two  Jesuits ;  and  afterwards  he  swore  copiously 

against  them,  and  upon  his  own  knowledge.    Wyld,  a  worthy 

and  ancient  judge,  said  upon  that  to  him,  that  he  was  a 

perjured  man,  who  ought  to  come  no  more  into  courts,  but 

to  go  home  and  repent.     Yet  all  this  was  passed  over,  as 

if  it  had  been  of  no  weight :  and  the  judge  was  turned  out 

for  his  plain  freedom.     There  was  soon  after  this  another 

practice  discovered  concerning  Oates.     Some  that  belonged 

to  the  earl  of  Danby  conversed  much  with  Oates's1  servants. 

1  See  Sidney's  Letters,  56.       '  So  pillory,  &c.'    See  also  Danby's  letter 

as   his   Lordship  is   found   to  have  to  his  wife,  Aug.  12,  1679.     Lindsey 

done  just  the  same  thing  for  which  MSS.  413. 
Reading  stood  the  last  week  in  the 


200  The  History  of  the  Reign 

Chap.  IX.  They  told  them  many  odious  things  that  he  was  daily 
speaking  of  the  king,  which  looked  liker  one  that  intended 
to  ruin  than  to  save  him.  One  of  these  did  also  affirm, 
that  Oates  had  made  an  abominable  attempt  upon  him, 
not  fit  to  be  named.  Oates  smelled  this  out,  and  got  his 
servants  to  deny  all  that  they  had  said,  and  to  fasten  it 
upon  those  who  had  been  with  them,  as  a  practice  of 
theirs :  and  they  were  upon  that  likewise  set  in  the  pillory. 
And  to  put  things  of  a  sort  together,  though  they  happened 
not  all  at  once  :  one  Tasborough,  that  belonged  to  the 
duke's  court,  entered  into  some  correspondence  with  Dug- 
dale,  who  was  courting  a  kinswoman  of  his.  It  was  pro- 
posed that  Dugdale  should  sign  a  paper,  retracting  all  that 
he  had  formerly  sworn,  and  should  upon  that  go  beyond 
sea ;  for  which  he  was  promised  in  the  duke's  name  a  con- 
siderable reward.  He  had  written  the  paper  as  was  desired, 
but  he  was  too  cunning  for  Tasborough,  and  he  proved  his 
451  practice  upon  him.  He  pretended  he  drew  the  paper  only 
to  draw  the  other  further  on,  that  he  might  be  able  to 
penetrate  the  deeper  into  their  designs.  Tasborough  was 
fined,  and  set  in  the  pillory  for  tampering  thus  with  the 
king's  evidence. 

This  was  the  true  state  of  the  plot,  and  of  the  witnesses 
that  proved  it  ;  which  I  have  opened  as  fully  as  was  possible 
for  me  :  and  I  had  particular  occasions  to  be  well  instructed 
in  it.  Here  was  matter  enough  to  work  on  the  fears  and 
apprehensions  of  the  nation  :  so  it  is  not  to  be  wondered  at, 
if  parliaments  were  hot,  and  juries  were  easy  in  this  prose- 
cution. The  visible  evidences  that  appeared  made  all 
people  conclude  there  was  great  plotting  among  them, 
and  it  was  generally  believed  that  the  bulk  of  what  was 
sworn  by  the  witnesses  was  true,  though  they  had  by  all 
appearance  dressed  it  up  with  incredible  circumstances. 
What  the  men  of  learning  knew  concerning  their  principles, 
both  of  the  Pope's  deposing  of  kings,  and  of  the  lawfulness 
of  murdering  them  when  so  deposed,  made  them  easily 
conclude,  that  since   they  saw  the  duke  was  so  entirely 


of  King  Charles  II.  201 

theirs,  and  that  the  king  was  so  little  to  be  depended  on,  Chap.  IX. 
they  might  think  the  present  conjuncture  was  not  to  be 
lost :  and  since  the  duke's  eldest  daughter  was  already  out 
of  their  hands  and  hopes,  they  might  make  the  more  haste 
to  set  the  duke  on  the  throne.  The  tempers  as  well  as  the 
morals  of  the  Jesuits  made  it  reasonable  to  believe  that 
they  were  not  apt  to  neglect  such  advantages,  nor  to  stick 
at  any  sort  of  falsehood  in  order  to  their  own  defence.  The 
doctrine  of  probability,  besides  many  other  maxims  that 
are  current  among  them,  made  many  give  very  little  credit 
to  their  witnesses,  or  to  their  most  solemn  denials,  even  at 
their  execution.  Many  things  were  brought  |  to  shew,  that  MS.  232. 
by  the  casuistical  divinity  taught  among  them,  and  pub- 
lished by  them  to  the  world,  there  was  no  practice  so  bad 
but  that  the  doctrines  of  probability  and  of  ordering  the 
intention  might  justify  it.  Yet  many  thought  that,  what 
doctrines  soever  men  might  by  a  subtilty  of  speculation  be 
carried  into,  the  approaches  of  death,  with  the  seriousness 
that  appeared  in  their  deportment,  must  needs  work  so 
much  on  the  probity  and  candour  which  seemed  rooted  in 
human  nature1,  that  even  immoral  opinions,  maintained  in 
the  way  of  argument,  could  not  resist  it.  Several  of  our 
divines  went  far  in  this  charge,  against  all  regard  to  their 
dying  speeches  ;  of  which  some  of  our  own  church  com- 
plained, as  inhuman  and  indecent.  I  looked  always  on 
this  as  an  opening  their  graves,  and  the  putting  them  to 
a  second  death2. 

1  Credat  Judaeus  Apella.     S.  not  only  might,  but  also  ought  to  die 

2  See  An  impartial  consideration  of  after  that  manner,  with  solemn  pro- 
these  speeches  .  .  .  in  which  it  is  proved  testations  of  their  innocency,  4to,  1679, 
that  according  to  their  principles  they  attributed  to  John  Williams,  D.D. 


204 


The  History  of  the  Reign 


Chap.  X.  to  Holland,  and  then  to  Brussels,  where  he  was  but  coldly 
received  1. 

At  the  opening  the  parliament  in  March,  the  parting 
with  an  only  brother  to  remove  all  jealousy  was  magnified 
with  all  the  pomp  of  the  earl  of  Nottingham's  eloquence. 
Lord  Danby's  friends  were  in  some  hopes  that  the  great  ser- 
vices he  had  done  would  make  the  matters  brought  against 
him  to  be  handled  gently.  But  in  the  management  he 
committed  some  errors,  that  proved  very  unhappy  to  him. 
453  Seymour  and  he  had  fallen  into  some  quarrellings :  both 
being  very  proud  and  violent  in  their  tempers 2.  Seymour 
had  in  the  last  session  struck  in  with  that  heat  against 
popery,  that  he  was  become  popular  upon  it :  so  he 
managed  the  matter  in  this  new  parliament,  that  though 
the  court  named  Meres,  yet  he  was  chosen  speaker.     The 


1  See  Barillon's  letter  to  Louis  of 
March  28,  1681,  quoted  in  Christie's 
Life  of  Shaftesbury,  ii.  App.  vii, 
p.  cxvi,  describing  Shaftesbury's  final 
attempt  to  induce  Charles  to  give  his 
sanction  to  the  plot  for  getting  rid  of 
the  queen  and  declaring  Monmouth 
successor.  Charles  appears,  from  a 
letter  of  Dorothy  Sidney  (Sidney's 
Diary,  Aug.  15, 1679)  to  have  behaved 
better  than  usual  to  the  queen  at  this 
time.  She  speaks  of  '  the  King  and 
Queen,  who  is  now  a  mistress,  the 
passion  her  spouse  has  for  her  is  so 
great.'  On  Monmouth's  claim,  see 
Sidney's  Letters,  53.  In  Deering's 
MS.  Diary  for  Jan.  12, 167$,  hewrites, 
'  I  dined  with  My  Lord  Chancellor 
in  Green  St.,  who,  after  dinner,  he 
and  I  being  alone,  told  me  that  the 
King  had  that  day  acquainted  him 
and  showed  him  a  declaration  made 
with  his  own  hand  concerning  the 
Duke  of  Monmouth,  and  that  he 
intended  to  acquaint  therewith  the 
Archbishop  of  Canterbury,  the  Lord 
Chancellor,  and  the  two  secretaries. 
But  my  Lord  said  he  told  it  me  that 


I  might  remember  it,  and  if  occasion 
should  be,  might  be  a  witness  I  had 
heard  it  from  him.  The  substance  of 
the  declaration  made  and  signed  by 
His  Majesty  was  that  there  was  never 
any  marriage,  &c.'  See  infra  251, 
for  James's  return. 

2  Temple  states  {Works,  ii.  492) 
that  the  q  uarrel  was  with  Lady  Danby, 
upon  whom  see  Reresby's  Memoirs, 
163.  '  Several  persons  had  got  into 
good  employments,  not  by  my  Lord's 
kindness  so  much  as  by  giving  money 
to  this  lady,  who  had  driven  a  secret 
trade  of  taking  bribes  for  good  offices, 
and  not  without  my  Lord's  know- 
ledge.' On  her  influence  with  her 
husband,  see  Sidney's  Letters,  31. 
In  the  Danby  Papers  there  is,  in  a 
memorandum  to  the  king,  the  follow- 
ing remark  regarding  Seymour,  '  This 
man,  the  most  odious  to  the  House, 
till  he  disturbed  your  Majesty's  affairs .' 
Add.MSS.  28,042,  f.  fli.  The  differ- 
ence with  Danby  was  made  up  when 
the  latter  was  imprisoned  ;  id.  28,053, 
f.  212. 


of  King  Charles  II.  205 

nomination  of  the  speaker  was  understood  to  come  from  Chap.  X. 
the  king,  though  he  was  not  named  as  recommending  the 
person :  yet  a  privy  counsellor  named  one,  and  it  was 
understood  to  be  done  by  order.  And  so  the  person  thus 
named  was  put  in  the  chair,  and  was  next  day  presented 
to  the  king,  who  approved  the  choice.  When  Seymour 
was  next  day  presented  as  the  speaker,  the  king  refused 
to  confirm  the  election.  He  said  he  had  other  occasions 
for  him,  which  could  not  be  dispensed  with.  Upon  this 
great  heats  arose,  with  a  long  and  violent  debate.  It  was 
said  the  house  had  the  choice  of  their  speaker  in  them,  and 
that  their  presenting  the  speaker  was  only  a  solemn 
shewing  him  to  the  king,  such  as  was  the  presenting  the 
lord  mayor  and  sheriffs  of  London  in  the  exchequer  ;  but 
that  the  king  was  bound  to  confirm  their  choice.  This 
debate  held  a  week,  and  created  much  anger. 

A  temper  was  found  at  last.     Seymour's  election  was 
let    fall 1  :  but   the   point   was   settled,  that  the   right   of 
electing  was  in  the  house,  and  that  the  confirmation  was 
a   thing   of  course 2.     So   another  was   chosen   speaker 3. . 
And  the  house  immediately  fell  on  Danby4.     Those  who  March  15, 
intended    to   serve   him    said,   the   heat   this  dispute  had      x  lls' 
raised,  |  which  was  imputed  wholly  to  him,  had  put  it  out  MS.  233. 
of  their  power   to  serve   him.     But  he  committed  other 
errors.     He  took  out  a  pardon  under  the  great  seal.     The 
earl  of  Nottingham  durst  not  venture  to  pass  it.     So  the 
king  ordered  the  seal  to  be  put  to  the  pardon  in  his  own 
presence 5.     And    thus,   according  to   lord    Nottingham's 

1  By  a   short    prorogation  of  the  hundred  dissolutions  rather  than  not 
Parliament.     O.  ruin  my  Lord  Treasurer.'      Nation 

2  The   Earl   of  Oxford    (Harley\  Corresp.,    March    8,    167I ;    Lindsey 
who  had  been  Speaker,  used  to  say,  MSS.  399. 

that   all    the   Commons  got  by  this  5  This  was  not    forgotten  at   the 

contest  was,  that  a  Speaker  might  settlement   of  1689.     The  seal  was 

be  moved  for  by  one  who  was  not  a  affixed   with  the  utmost  secrecy,  in 

privy  counsellor.    Lord  Russell  now  spite  of  the  opposition  of  the  Lord 

moved  for  Gregory.     O.  Chancellor,  and  was  not  entered  in 

3  Serjeant  Gregory.    Grey,  vii.  2.  any  office.     Report  of  the  Committee 


4  i 


They  are  resolved  to  venture  an       of  the  Commons,  Pari.  Hist.  iv.  11 14. 


206  The  History  of  the  Reign 

Chap.  X.  figure,  when  he  was  afterwards  questioned  about  it,  it  did 
not  pass  through  the  ordinary  methods  of  production,  but 
was  an  immediate  effect  of  his  majesty's  power  of  creating1. 
He  also  took  out  a  warrant  to  be  marquis  of  Caermarthen2. 
And  the  king,  in  a  speech  to  the  parliament,  said  he  had 
done  nothing  but  by  his  order,  and  therefore  he  had  par- 
doned him,  and,  if  there  was  any  defect  in  his  pardon,  he 
would  pass  it  over  and  over  again  till  it  should  be  quite 
legal. 

Upon  this  a  great  debate  was  raised.  Some  questioned 
whether  the  king's  pardon,  especially  when  passed  in  bar 
to  an  impeachment,  was  good  in  law3.  This  would  en- 
courage ill  ministers,  who  would  be  always  sure  of  a  pardon, 
and  so  would  act  more  boldly,  if  they  saw  so  easy  a  way 
to  be  secured  against  the  danger  and  impeachments.  The 
king's  pardon  did  indeed  secure  one  against  all  prosecu- 
tion at  his  suit :  but  as  in  the  case  of  murder,  an  appeal 
lay  from  which  the  king's  pardon  did  not  cover  the  person, 
since  the  king  could  no  more  pardon  the  injuries  done  his 
people  than  he  could  forgive  the  debts  that  were  owing  to 
them,  so  from  the  same  parity  it  was  inferred,  that  since 

1  His  words,  as  reported  by  the  ter  of  State  to  be  made  a  sacrifice  of 
committee  of  the    Commons,   were,  State  to  the  will  of  the  people.'  Danby 
that  it  was  a  stantpt  pardon  of  crea-  Papers,  Add.  MSS.  23,043,  ff.  7,  11. 
Hon.     See  the  Journal  0/  the  House  of         s  See  Hallam,  Const.  Hist.,  sm.  ed. 
Commons,  March  22  and  24,  1678.  O.  ii.  414,  on   this   question.     Danby's 

2  On  March  13,  167I,  Danby  states  own  view,  Add.  MSS.  23,043,  f.  128, 
that  the  king  promised  him,  not  only  was  that  '  The  King's  justice  is 
the  marquisate,  but  ^5,000  a  year,  founded  by  rules  for  the  most  part, 
and  that  he  at  once  took  out  war-  but  his  mercy  has  no  limits  but  by 
rants  for  both.  See  Ranke,  iv.  77,  for  his  own  pleasure...;  an  essential 
the  scene  at  the  debate  in  the  Lords,  part  of  our  liberties  [is]  that  the  King 
while  the  king  was  present,  upon  the  should  be  invested  with  a  fulnesse  of 
conferring  of  the  title,  drawn  from  power  to  show  mercy.'  See  also  his 
Sarotti's  despatches.  On  March  24,  '  reasons  for  adhering  to  the  pardon,' 
Charles  sent  him  an  autograph  letter  id.  f.  87.  The  uproar  raised  by  this 
commanding  him  to  absent  himself  had  its  effect  upon  Charles.  When 
from  court,  but  kept  in  close  com-  James  asked  for  a  pardon  before 
munication  with  him.  Lindsey  MSS.  leaving  for  Scotland  in  1680,  it  was 
416.  He  complains  of  being  made  a  refused.  Clarke's  Life  of  James  II, 
sacrifice.  '  In  no  case  ought  a  minis-  i.  597  ;  cf.  Sidney's  Letters,  39,  54. 


of  King  Charles  II.  207 

the  offences  of  ministers  of  state  were  injuries  done  the  Chap.  X. 
public,  the  king's  pardon  could  not  hinder  a  prosecution  in 
parliament,  which  seemed  to  be  one  of  the  chief  securities, 
and  most  essential  parts,  of  our  constitution.  Yet  on  the 
other  hand  it  was  said,  that  the  power  of  pardoning  was 
a  main  article  of  the  king's  prerogative  :  none  had  ever  yet 
been  annulled :  the  law  had  made  this  one  of  the  trusts  of 
the  government,  without  any  limitation  upon  it :  all  argu- 
ments against  it  might  be  good  reasons  for  the  limiting  it 
for  the  future  :  but  what  was  already  passed  was  good  in 
law,  and  could  not  be  broke  through.  The  temper  pro- 
posed was,  that  upon  lord  Danby's  going  out  of  the  way, 
an  act  of  banishment  should  pass  against  him  l,  like  that 
which  had  passed  against  the  earl  of  Clarendon.  Upon 
that,  when  the  lords  voted  that  he  should  be  committed, 
he  withdrew2.  So  a  bill  of  banishment  passed  in  the  house 
of  lords,  and  was  sent  down  to  the  commons.  Winnington  3 
fell  on  it  there  in  a  most  furious  manner.  He  said  it  was 
an  act  to  let  all  ministers  see  what  was  the  worst  thing  that 
could  happen  to  them,  after  they  had  been  engaged  in  the 
blackest  designs,  and  had  got  great  rewards  of  wealth  and  454 
honour :  all  they  could  suffer  was,  to  be  obliged  to  live 
beyond  sea.  This  inflamed  the  house  so,  that  those  who 
intended  to  have  moderated  that  heat  found  they  could  not 
stop  it.  Littleton  sent  for  me  that  night  to  try  if  it  was 
possible  to  mollify  Winnington.  We  laid  before  him  that 
the  king  seemed  brought  near  a  disposition  to  grant  every 
thing  that  could  be  desired  of  him :  and  why  must  an 
attainder  be  brought  on,  which  would  create  a  breach  that 
could  not  be  healed  ?  The  earl  of  Danby  was  resolved  to 
bear  a  banishment,  but  would  come  in  rather  than  be 
attainted,  and  plead  his  pardon 4 :  and  then  the  king  was 

1  Lindsey  MSS.  409.  3  Supra  183. 

2  In  April,  Danby  was  in  hiding ;  4  Birch  tried  to  induce  Danby  to 
id.  406.  He  surrendered  himself  on  waive  his  pardon,  and  trust  to  the 
the  15th  when  the  Bill  of  Attainder  generosity  of  the  Commons.  Lindsey 
had  been  passed  MSS.  419. 


208  The  History  of  the  Reign 

Chap.  X.  upon  the  matter  made  the  party  in  the  prosecution,  which 
might  ruin  all.  We  knew  how  bad  a  minister  he  had  been, 
and  had  felt  the  ill  effects  of  his  power :  but  the  public  was 
to  be  preferred  to  all  other  considerations.  But  Winnington 
was  then  so  entirely  in  Montagu's  management,  and  was 
so  blown  up  with  popularity,  and  so  much  provoked  by 
being  turned  out  of  the  place  of  solicitor  general,  that  he 
could  not  be  prevailed  on.  It  was  offered  afterwards  from 
the  court,  as  Littleton  told  me,  both  that  Danby  should 
by  act  of  parliament  be  degraded  from  his  peerage,  as  well 
as  banished,  and  that  an  act  should  pass  declaring  that  for 
the  future  no  pardon  should  be  pleaded  in  bar  to  an 
impeachment.  But  the  fury  of  the  time  was  such  that  all 
offers  were  rejected.  And  so  a  very  probable  appearance 
of  settling  the  nation  was  lost :  for  the  bill  for  banishing 
lord  Danby  was  thrown  out  by  the  commons,  and  instead 
of  it  a  bill  of  attainder  was  brought  in.  The  treasury  was 
put  in  commission :  the  earl  of  Essex  was  put  at  the  head 
of  it  \  and  Hyde 2  and  Godolphin  were  of  the  commission. 
MS.  234.  J  The  earl  of  Sunderland  was  brought  over  from  France, 
Feb.  167$.  and  made  secretary  of  state3.  And  these  two4  joined 
with  the  duke  of  Monmouth  to  press  the  king  to  change 
his  councils,  and  to  turn  to  another  method  of  government, 
and  to  take  the  men  of  the  greatest  credit  into  his  confi- 
dence. Lord  Essex  was  much  blamed  for  going  in  so  early 
into  the  court,  before  the  rest  were  brought  in.  He  said  to 
me  he  did  it  in  the  prospect  of  working  the  change  that 
was  afterwards  effected.  Lord  Sunderland  also  told  me 
that  the  king  was  easy  in  the  bringing  in  lord  Shaftesbury5 ; 

1  Where  he  was  a  great  success.  mouth  to  please  Louis  XIV.  Sunder- 
Sidney's  Diary,  Aug.  5,  1679.  He  land  gave  Williamson  £6,000  for  the 
was    perfectly   outspoken   with    the      plan.     Lindsey  MSS.  403. 

king  upon  any  unconstitutional  action.  4  Namely  Essex  and  Sunderland: 

Id.  July  ai,  1679.  Halifax  should  be  added.     Temple, 

2  Laurence     Hyde,      Clarendon's      Works,  ii.  477,  502. 

second     son,     afterwards     Earl     of  6  Sunderland      was     nephew     of 

Rochester.  Shaftesbury's      second      wife,      the 

3  Feb.  167$.  It  was  done  through  daughter  of  Lord  Spencer  of  Worm- 
the  influence  of  the  Duchess  of  Ports-  leighton.    Burnet  omits  the  influence 


of  King  Charles  II. 


209 


for  he  thought  he  was  only  angry  in  revenge,  because  he  Chap.  X 
was  not  employed ;  but  that  he  had  so  ill  an  opinion  of 
lord  Halifax1,  that  it  was  not  easy  to  get  over  that.  The 
duke  of  Monmouth  told  me  a  that  he  had  as  great  difficulty 
in  overcoming  that,  as  ever  in  any  thing  that  he  studied 
to  bring  the  king  to. 

At  last  the  king  was  prevailed  on  to  dismiss  the  whole 
council,  which  was  all  made  up  of  lord  Danby's  creatures, 
and  the  chief  men  of  both  houses  were  brought  into  it2. 
This  was  carried  with   much  secrecy,  that  it  was  not  so 

a  the  same,  and  added  struck  out. 


April  2i, 
1679. 


of  the  Duchess  of  Portsmouth.  The 
women  were  cowed  by  the  Popish 
Terror  and  its  possible  consequences 
to  them,  and  the  duchess  reconciled 
herself  to  Shaftesbury.  It  appears, 
however,  from  Temple,  Works,  ii. 
496,  that  Charles  was  himself  anxious 
to  bring  in  Shaftesbury. 

1  See  Ranke,  v.  100,  for  one  reason  ; 
Temple,  Works,  ii.  495  ;  Foxcroft's 
Life  of  Halifax,  i.  147. 

2  Temple's  idea  in  this  scheme, 
which  was  his  suggestion  and  went 
by  his  name,  according  to  Dart- 
mouth (though  Sidney,  Letters  (1742^, 
34,  says  that  Halifax  was  its  author), 
was  to  upset  the  Monmouth  faction, 
then  supported  by  Essex,  Sunderland, 
Shaftesbury,  and  the  duchess.  James 
himself  had  information  that  '  this 
great  alteration  was  resolved  on  at 
Lord  Sunderland's,  none  attending 
His  Majesty  there  but  the  Duke  of 
Monmouth  and  Lord  Shaftesbury. 
The  Dutchesse  [of  Portsmouth]  is 
sayed  to  brage  she  helped  to  per- 
swade  his  Majesty  to  do  it.'  Foljambe 
Papers,  129.  The  new  Council  was  to 
consist  of  fifteen  officers  of  the  Crown, 
with  (Temple,  ii.  493)  ten  peers, 
and  five  members  of  the  Commons. 
Sidney's  Letters,  3r.  For  Temple's 
belief  in    the   influences    of    landed 

VOL.  II. 


wealth,  see  Christie's  First  Earl  of 
Shaftesbury,  ii.  324.  The  formation 
of  this  Council  was  hailed  with 
unbounded  popular  joy.  Temple, 
ii.  497.  One  effect  is  well  expressed 
by  Reresby,  168 :  '  Most  of  the  other 
lords  and  gentlemen  of  the  Privy 
Council,  though  very  good  patriots 
before  in  the  esteem  of  both  houses, 
began  to  lose  their  credit  .  .  .  ;  so 
true  is  it  that  the  Court  and  Country 
livery  can  never  be  worn  together.' 
Shaftesbury  was  President,  contrary 
to  Temple's  desire.  Charles  pro- 
mised to  take  no  important  step 
without  consulting  this  Council.  A 
special  committee  was  appointed  for 
important  affairs,  on  which  were 
Shaftesbury,  Sunderland,  Temple, 
Essex,  and,  shortly,  Halifax.  William 
Coventry  was  not  even  one  of  the 
Council.  See  Foxcroft's  Life  of 
Halifax,  vol.  i.  ch.  vi.  Onslow, 
in  a  note  on  this  passage,  says  of 
Temple  :  '  That  part  of  his  Memoirs 
is  the  most  excellent  picture  of  courts 
and  courtiers,  and  of  faction  and  its 
leaders.  Temple  was  too  honest  for 
those  times.  He  was  made  only  for 
such  a  prince  as  king  William  ;  but 
he  would  take  no  public  employment 
even  under  him.' 


208  The  History  of  the  Reign 

Chap.  X.  upon  the  matter  made  the  party  in  the  prosecution,  which 
might  ruin  all.  We  knew  how  bad  a  minister  he  had  been, 
and  had  felt  the  ill  effects  of  his  power :  but  the  public  was 
to  be  preferred  to  all  other  considerations.  But  Winnington 
was  then  so  entirely  in  Montagu's  management,  and  was 
so  blown  up  with  popularity,  and  so  much  provoked  by 
being  turned  out  of  the  place  of  solicitor  general,  that  he 
could  not  be  prevailed  on.  It  was  offered  afterwards  from 
the  court,  as  Littleton  told  me,  both  that  Danby  should 
by  act  of  parliament  be  degraded  from  his  peerage,  as  well 
as  banished,  and  that  an  act  should  pass  declaring  that  for 
the  future  no  pardon  should  be  pleaded  in  bar  to  an 
impeachment.  But  the  fury  of  the  time  was  such  that  all 
offers  were  rejected.  And  so  a  very  probable  appearance 
of  settling  the  nation  was  lost  :  for  the  bill  for  banishing 
lord  Danby  was  thrown  out  by  the  commons,  and  instead 
of  it  a  bill  of  attainder  was  brought  in.  The  treasury  was 
put  in  commission :  the  earl  of  Essex  was  put  at  the  head 
of  it  \  and  Hyde 2  and  Godolphin  were  of  the  commission. 
MS.  234.  I  The  earl  of  Sunderland  was  brought  over  from  France, 
Feb.  167$.  and  made  secretary  of  state3.  And  these  two4  joined 
with  the  duke  of  Monmouth  to  press  the  king  to  change 
his  councils,  and  to  turn  to  another  method  of  government, 
and  to  take  the  men  of  the  greatest  credit  into  his  confi- 
dence. Lord  Essex  was  much  blamed  for  going  in  so  early 
into  the  court,  before  the  rest  were  brought  in.  He  said  to 
me  he  did  it  in  the  prospect  of  working  the  change  that 
was  afterwards  effected.  Lord  Sunderland  also  told  me 
that  the  king  was  easy  in  the  bringing  in  lord  Shaftesbury5 ; 

1  Where  he  was  a  great  success.  mouth  to  please  Louis  XIV.  Sunder- 
Sidney's  Diary,  Aug.  5,  1679.  He  land  gave  Williamson  £6,000  for  the 
was    perfectly   outspoken   with    the      plan.     Lindsey  MSS.  403. 

king  upon  any  unconstitutional  action.  4  Namely  Essex  and  Sunderland: 

Id.  July  21,  1679.  Halifax  should  be  added.     Temple, 

2  Laurence     Hyde,      Clarendon's      Works,  ii.  477,  502. 

second     son,     afterwards     Earl     of  6  Sunderland     was     nephew     of 

Rochester.  Shaftesbury's      second      wife,      the 

3  Feb.  167!.  It  was  done  through  daughter  of  Lord  Spencer  of  Worm- 
the  influence  of  the  Duchess  of  Ports-  leighton.   Burnet  omits  the  influence 


of  King  Charles  II. 


209 


for  he  thought  he  was  only  angry  in  revenge,  because  he  Chap.  x. 
was  not  employed  ;  but  that  he  had  so  ill  an  opinion  of 
lord  Halifax1,  that  it  was  not  easy  to  get  over  that.  The 
duke  of  Monmouth  told  me  a  that  he  had  as  great  difficulty 
in  overcoming  that,  as  ever  in  any  thing  that  he  studied 
to  bring  the  king  to. 

At  last  the  king  was  prevailed  on  to  dismiss  the  whole 
council,  which  was  all  made  up  of  lord  Danby's  creatures, 
and  the  chief  men  of  both  houses  were  brought  into  it2.  April 21, 
This  was  carried  with   much  secrecy,  that  it  was  not  so 

a  the  same,  and  added  struck  out. 


1679. 


of  the  Duchess  of  Portsmouth.  The 
women  were  cowed  by  the  Popish 
Terror  and  its  possible  consequences 
to  them,  and  the  duchess  reconciled 
herself  to  Shaftesbury.  It  appears, 
however,  from  Temple,  Works,  ii. 
496,  that  Charles  was  himself  anxious 
to  bring  in  Shaftesbury. 

1  See  Ranke,  v.  ioo,  for  one  reason  ; 
Temple,  Works,  ii.  495 ;  Foxcroft's 
Life  of  Halifax,  i.  147. 

2  Temple's  idea  in  this  scheme, 
which  was  his  suggestion  and  went 
by  his  name,  according  to  Dart- 
mouth (though  Sidney,  Letters  (1742% 
34,  says  that  Halifax  was  its  author), 
was  to  upset  the  Monmouth  faction, 
then  supported  by  Essex,  Sunderland, 
Shaftesbury,  and  the  duchess.  James 
himself  had  information  that  '  this 
great  alteration  was  resolved  on  at 
Lord  Sunderland's,  none  attending 
His  Majesty  there  but  the  Duke  of 
Monmouth  and  Lord  Shaftesbury. 
The  Dutchesse  [of  Portsmouth]  is 
sayed  to  brage  she  helped  to  per- 
swade  his  Majesty  to  do  it.'  Foljambe 
Papers,  129.  The  new  Council  was  to 
consist  of  fifteen  officers  of  the  Crown, 
with  (Temple,  ii.  493)  ten  peers, 
and  five  members  of  the  Commons. 
Sidney's  Letters,  3:.  For  Temple's 
belief   in    the    influences    of    landed 

VOL.  II. 


wealth,  see  Christie's  First  Earl  of 
Shaftesbury,  ii.  324.  The  formation 
of  this  Council  was  hailed  with 
unbounded  popular  joy.  Temple, 
ii.  497,  One  effect  is  well  expressed 
by  Reresby,  168:  '  Most  of  the  other 
lords  and  gentlemen  of  the  Privy 
Council,  though  very  good  patriots 
before  in  the  esteem  of  both  houses, 
began  to  lose  their  credit  .  .  .  ;  so 
true  is  it  that  the  Court  and  Country 
livery  can  never  be  worn  together.' 
Shaftesbury  was  President,  contrary 
to  Temple's  desire.  Charles  pro- 
mised to  take  no  important  step 
without  consulting  this  Council.  A 
special  committee  was  appointed  for 
important  affairs,  on  which  were 
Shaftesbury,  Sunderland,  Temple, 
Essex,  and,  shortly,  Halifax.  William 
Coventry  was  not  even  one  of  the 
Council.  See  Foxcroft's  Life  of 
Halifax,  vol.  i.  ch.  vi.  Onslow, 
in  a  note  on  this  passage,  says  of 
Temple  :  '  That  part  of  his  Memoirs 
is  the  most  excellent  picture  of  courts 
and  courtiers,  and  of  faction  and  its 
leaders.  Temple  was  too  honest  for 
those  times.  He  was  made  only  for 
such  a  prince  as  king  William  ;  but 
he  would  take  no  public  employment 
even  under  him.' 


210  The  History  of  the  Reign 

Chap.  X.  much  as  suspected  till  the  day  before  it  was  done.  The 
455  king  was  weary  of  the  vexation  he  had  been  long  in,  and 
desired  to  be  set  at  ease  ;  and  at  that  time  he  would  have 
done  any  thing  to  get  an  end  put  to  the  plot,  and  to  the 
fermentation  that  was  now  over  the  whole  nation  :  aso  that 
if  the  house  of  commons  would  have  let  the  matter  of  lord 
Danby's  pardon  fall,  and  have  accepted  of  limitations  on 
his  brother  instead  of  excluding  him,  he  was  willing  to 
have  yielded  in  every  thing  else.  He  put  likewise  the 
admiralty  and  the  ordnance  into  commissions  ;  out  of  all 
which  the  duke's  creatures  were  so  excluded,  that  they 
gave  both  him  and  themselves  for  lost.  But  the  hatred 
that  Montagu  bore  lord  Danby,  and  lord  Shaftesbury's 
hatred  of  the  duke,  spoiled  all  this.  There  were  also  many 
in  the  house  of  commons  that  finding  themselves  forgot, 
while  others  were  preferred  to  them,  resolved  to  make 
themselves  considerable,  and  they  infused  in  a  great  many 
a  mistrust  of  all  that  was  doing1.  It  was  said  the  king 
was  still  what  he  was  before  ;  no  change  appeared  in  him  ; 
and  all  this  was  only  an  artifice  to  lay  the  heat  that  was  in 
the  nation,  to  gain  so  many  over  to  him,  and  b  to  draw 
money  from  the  commons.  So  they  resolved  to  give  no 
money  till  all  other  things  should  be  first  settled.  No 
part  of  the  change  that  was  then  made  was  more  accept- 
able than  that  of  the  judges:  for  lord  Danby  had  brought 
in  some  sad  creatures  to  those  important  posts  ;  and  Jones 
had  the  new  modelling  of  the  bench,  and  he  put  in c  very 

a  and  seemed  ready  to  have  consented  to  anything,  struck  out. 
b  so  struck  out.  c  some  struck  out. 


1  '  I  am  informed  that  all  those  of  tend  to  a  Republike.     For  you  see 

the   House  of  Commons  who  have  all  things  tend  towards  the  lessening 

now  upon  this  new  change  had  any  of  the  king's  authority,  and  the  new 

preferment  have  already  quite  lost  modell  things  are  put  into  is  the  very 

their  creadit  in  that  House,  and  that  same  as  it  was  in  the  tyme  of  the 

there  are   already   new   cabals   and  Commonwealth.'  James  to  the  Prince 

partys    setting    up    there     amongst  of  Orange,  May  IX,  1679.     Foljambe 

those  who  have  had  no  preferment,  Papers,  129. 
so    that  ...  in    my   mind    all    things 


of  King  Charles  II.  211 

worthy  men,  in  the  room  of  those  ignorant  judges  that  Chap.  x. 
were  now  dismissed  *. 

The  main  point a  in  debate  was,  what  security  the  king 
should  offer  to  quiet  the  fears  of  the  nation,  upon  the 
account1'  of  the  duke's  succession.  The  earl  of  Shaftesbury 
proposed  the  excluding  him  simply,  and  making  the  suc- 
cession to  go  on  as  if  he  were  dead,  as  the  only  mean  that 
was  easy  and  safe  both  for  the  crown  and  the  people. 
This  was  nothing  but  the  disinheriting  the  next  heir,  which 
certainly  the  king  and  parliament  might  do,  as  well  as  any 
private  man  might  disinherit  his  next  heir,  if  he  had  a  mind 
to  it  2.  The  king  would  not  consent  to  this.  He  had  faith- 
fully promised  the  duke  that  he  never  would.  And  he 
thought  if  acts  of  exclusion  were  once  begun,  it  would  not 
be  easy  to  stop  them  ;  and  that  upon  any  discontent  at  the 
next  heir,  they  would  be  set  on  foot :  religion  was  now  the 
pretence,  but  other  pretences  would  be  found  out,  when 
there  was  need  of  them.  This  insensibly  would  change 
the  nature  of  the  English  monarchy,  so  that  from  being 
hereditary  it  would  become  elective  3.  The  lords  of  Essex 
and  Halifax  upon  this  proposed  such  limitations  of  the 
duke's  authority,  when  the  crown  should  devolve  on  him, 
as  would  disable   him   from   doing   any   harm,    either   in 

a  now  struck  out.  b  of  the  right  struck  out. 


1  See   the    passage    quoted   from  May  14,  1679.    Foljambe  Papers,  130. 

Marvell  in  note  to  supra   115,  and  2  That  is  not  always  true.     Yet  it 

Sidney's  Letters,  42  :  '  Some  judges  was  certainly  in  the  power  of  king 

were     yesterday     put     out ;     Wild  and  Parliament  to  exclude  the  next 

{supra  199)  for  inability  of  body,  and  heir.     S.     See    Reresby's    account, 

Barton  and  Thurland  of  mind,  with  under     May     11,     of    the     debate, 

some   others;    to  whom   old   Ellys,  Memoirs,  169. 

Raymond  and  Pemmerton,  Leake  and  3  Danby  was  told  by  Charles  that 
Atkins,  the  younger,  are  to  succeed.'  he '  would  be  content  that  something 
James  remarks,  '  They  turned  out  were  enacted  to  pare  the  nails  of  a 
fower  of  the  judges,  all  loyal  men,  popish  successor,  but  that  he  would 
and  put  in  others  in  their  places  that  not  have  his  brother  taken  away,  nor 
I  feare  will  find  out  what  they  please  the  right  line  of  the  succession  inter- 
law.'     James  to   Prince  of  Orange,  rupted.'     Id.  149. 

P  2 


212  The  History  of  the  Reign 

Chap.  X.  church  or  state :  such  as  the  taking  out  of  his  hands  all 
power  in  ecclesiastical  matters,  the  disposal  of  the  public 
money,  with  the  power  of  peace  and  war,  and  the  lodging 
these  in  both  houses  of  parliament  ;  and  that  whatever 
456  parliament  was  in  being,  or  the  last  in  being  at  the  king's 
death,  should  meet  without  a  new  summons  upon  it,  and 
assume  the  administration  of  affairs  x.  Lord  Shaftesbury 
argued  against  this,  as  much  more  prejudicial  to  the  crown 
than  the  exclusion  of  one  heir  was  :  for  this  changed  the 
whole  government,  and  set  up  a  democracy  instead  of 
a  monarchy.  Lord  Halifax's  arguing  now  so  much  against 
the  danger  of  turning  the  monarchy  to  be  elective,  was 
the  more  extraordinary  in  him,  because  he  had  made 
a  hereditary  monarchy  the  subject  of  his  mirth,  and  had 
often  said,  Who  takes  a  coachman  to  drive  him  because  his 
father  was  a  good  coachman  ?  Yet  he  was  now  jealous  of 
a  small  slip  in  the  succession  a.     But  at  the  same  time  he 

MS-  235.  studied  |  to  infuse  in  some  a  zeal  for  a  commonwealth  ; 
and  to  these  he  pretended  that  he  preferred  limitations  to 
an  exclusion,  because  the  one  kept  up  the  monarchy  still, 
only  passing  over  one  person,  whereas  the  other  brought 
us  really  into  a  commonwealth,  as  soon  as  we  had  a  popish 
king  over  us.  And  it  was  said  by  some  of  his  friends,  that 
the  limitations  proposed  were  so  advantageous  to  public 

a  yet  he  spoke  now  quite  in  another  strain  struck  out. 


1  There  was  a  third  proposal,  for  them  should  be  added  the  ease  with 

a  Regency,  by  which  James  was  to  which   limitations  could  be  evaded, 

retain  the  title,  but  to  be  banished.  the  fact  that  they  would  imply  the 

The  Princess  of  Orange   and  Anne  repeal  of  the  oath  of  uniformity,  the 

were  to  be  successively  regent ;  and  dislike  and  fear  of  James  personally, 

if  James  had  a   son  educated  as  a  the    fact    that   William    of    Orange 

Protestant,    he   was   to   succeed   on  would   not    approve    of    limitations 

coming  of  age.     The  objection  was  which  he  might  afterwards  find  it 

that  if  James  had  the  title,  he  would ,  difficult  to  throw  off,  and  the  practical 

try   for    the   power    too.     For    the  alteration   of  the   monarchy  into  a 

arguments     against     expedients     or  k  republic.     See   Somers   Tracts,   viii. 

limitations  on   a   Popish    king,   see  116,  for  the  old  Cavaliers'  view  of 

Temple,    Works,    ii.    502,   513.      To  the  /case. 


of  King  Charles  II.  213 

liberty,  that  a  man  might  be  tempted  to  wish  for  a  popish  Chap.  X. 
king,  to  come  at  them  l. 

Upon  this  great  difference  of  opinion,  a  faction  was 
quickly  formed  in  the  new  council,  the  lords  Essex,  Sun- 
derland, and  Halifax  declaring  for  limitations,  and  against 
the  exclusion,  while  lord  Shaftesbury,  now  made  president 
of  the  council,  declared  highly  for  it 2.  They  took  much 
pains  on  him  to  moderate  his  heat :  but  he  was  become 
so  intolerably  vain,  that  he  would  not  mix  with  them 
unless  he  might  govern.  So  they  broke  with  him,  and  the 
other  three  were  called  the  triumvirate 3.  Lord  Essex 
applied  himself  to  the  business  of  the  treasury,  to  the  regu- 
lating the  king's  expence,  and  the  improvement  of  the 
revenue.  His  clear  though  slow  sense  made  him  very 
acceptable  to  the  king.  Lord  Halifax  studied  to  manage 
the  king's  spirit,  and  to  gain  an  ascendant  there  by  a  lively 
and  libertine4  conversation.  Lord  Sunderland  managed 
foreign  affairs,  and  had  the  greatest  credit  with  the  duchess 
of  Portsmouth.  After  it  was  agreed  on  to  offer  the  limita- 
tions, the  lord  chancellor,  by  order  from  the  king,  made 
the  proposition  to  both  houses.  The  duke  was  struck 
with  the  news  of  this,  when  it  came  to  him  to  Brussels. 
I  saw  a  letter  writ  by  his  duchess  next  post,  in  which  she 
wrote,  that  for  all  the  high  things  that  were  said  by  their 
enemies  they  looked  for  them,  but  that  speech  of  the  lord 
chancellor's  was  a  surprise,  and  a  great  mortification  to 
them.     a  Their  apprehensions  of  that  did  not  hang  long 

a  But  struck  out. 


1  See  upon  this  Miss  Foxcroft's  Shaftesbury  at  this  time.  Clarke's 
remarks,  Life  of  Halifax,  i.  154.  life,  i-  562. 

2  James  at  once  wrote  from  Brus-  3  See  Sidney's  Letters,  34.  Temple 
sells  a  naive  letter  to  George  Legge,  acted  with  them.  Supra  208,  note. 
in  which  his  desire  to  secure  They  were  especially  anxious  to  get 
Shaftesbury's  support  struggles  rid  of  Lauderdale.  James  says  that 
curiously  with  that  of  maintaining  he  was  applied  to  to  assist  them  in 
his  royal  position  towards  him.  this,  but  refused.  Clarke's  Life,  569. 
H.  M.  C.  Rep.  xi,  App.  v.  32.  '  Little  *  Probably  meaning '  sceptical,'  not 
Sincerity'  was  the  cant  name  be-  'immoral.'  See  Foxcroft's  Halifax, 
tween    the     king     and    James    for  i.  159,  note  3. 


214  The  History  of  the  Reign 

Chap.  X.  upon  them.     The  exclusion  was  now  become  the  popular 
MayTi     expedient.     So,  after  much  debating 1,  a  bill  was  ordered 
1679-      for  excluding  the  duke  of  York.     I  will  here  give  a  short 
abstract  of  all  that  was  said,   both   within   and  without 
doors,  for  and  against  the  exclusion. 
457      Those  who  argued  for  it,  laid  it  down  for  a  foundation 
that  every  person  who  had  the  whole  right  of  any  thing  in 
him  had  likewise   the  power  of  transferring  it  to  whom 
he  pleased.      So  the  king  and  parliament  were   entirely 
possessed  of  the  whole  authority  of  the  nation,  arid  so 
had  a  power  to  limit  the  succession,  and  every  thing  else 
relating  to  the  nation,  as  they  pleased ;  and  by  consequence 
there  was  no  such  thing  as  a  fundamental  law,  by  which  the 
power  of  parliament  was  bound  up  :  for  no  king  and  parlia- 
ment in  any  former  age  had  a  power  over  the  present  king 
and  parliament ;  otherwise  the  government  was  not  entire, 
nor  absolute.     A  father,  how  much  soever  determined  by 
nature  to  provide  for  his  children,  yet  had  certainly  a  power 
of  disinheriting  them,  without  which,  in  some  cases,  the 
respect  due  to  him  could  not  be  preserved.     The  life  of  the 
king  on  the  throne  was  not  secure,  unless  this  was  acknow- 
ledged :  for  if  the  next  heir  was  a  traitor,  and  could  not  be 
seized  on,  the  king  would  be  ill  served  in  opposition  to 
him,  if  he  could  not  bar  his  succession  by  an  exclusion. 
Government  was   appointed  for   those   that   were    to   be 
governed,  and  not  for  the  sake  of  the   governors  them- 
selves :    therefore   all   things    relating   to   it   were   to    be 
measured  by  the  public  interest  and  the  safety  of  the  people. 
In  none  of  God's  appointments  in  the  Old  Testament  regard 
was  had  to  the  eldest.     Isaac,  Jacob,  Judah,  Ephraim,  and 
more   particularly  Solomon,  were   preferred  without   any 
regard  to  the  next  in  line.      In  the  several  kingdoms  of 
Europe,  the  succession  went  according  to  particular  laws, 
and  not  by  any  general  law.      In   England,  Spain,   and 

1  '  I  must  confess  I  do  not  know       beyond  any  I  have  ever  observed  -in 
three  men  of  a  mind,  and  a  spirit  of      my  life.'     Sidney's  Letters,  53. 
giddiness    reigns    amongst    us,    far 


of  King  Charles  II.  215 

Sweden,  the  heir  general  did  succeed :  whereas  it  was  only  Chap.  X. 

the  heir  male  in  France  and  Germany.     And  whereas  the 

oath   of  allegiance  tied  us  to  the  king  and  his  heirs,  the 

word  heir  was  a  term  that  imported  that  person  who  by  law 

ought  to  succeed,  and  so  it  fell  to  any  person  who  by  law 

was  declared  next  in  the  succession.     In  England  the  heir 

of  the  king  that  reigned  had  been  sometimes  set  aside,  and 

the  right  of  succession  was  transferred  to  another  person. 

Henry  VII  set  up  his  title  on  his  possessing  the  crown. 

Henry  VIII  got  his"  two  daughters,  while  they  were  both 

by  acts  of  parliament  illegitimated,  put  in  the  succession : 

and  he  had  a  power  given  him  to  devise  it  after  them  and 

their  issue  at  his  pleasure.     Queen   Elizabeth,  when  she 

was  in  danger  from  the  practices  of  the  queen  of  Scots,  got 

an  act  to  pass  asserting  the  power  of  the  parliament  to 

limit  the  succession  of  the  crown.     It  was  high  treason 

to  I  deny  this  during  her  life,  and  was  still  highly  penal  to  MS.  236. 

this  day.      All  this  was  laid  down  in  general,  to   assert 

a  power  in  the  parliament  to  exclude  the  next  heir,  if  there 

was  a  just  cause  for  it.     Now  as  to  the  present  case.     The 

popish  religion  was  so  contrary  to  the  whole  frame  and 

constitution  of  our  government,  as  well  as  to  that  dignity 

inherent  in  the  crown  of  being  the  head  of  the  church,  that 

a  papist  seemed  to  be  brought  under  a  disability  to  hold 

the  crown.   .  So  great  a  part  of  the  property  of  the  nation 

as  the  abbey  lands  was  shaken  by  the  prospect  of  such 

a  succession.     The  perfidy  and  the  cruelty  of  that  religion  458 

made   the   danger  more   sensible.     a  Fires   and    courts   of 

inquisition  was  that  which  all  must  reckon  for,  who  would 

not  redeem  themselves  by  an  early  and  zealous  conversion. 

The  duke's  own  temper  was  much  insisted  on.     It  appeared 

by  all  their  letters,  how  much  they  depended  on  him :  and 

his  own  deportment  shewed  there  was  good  reason  for  it. 

He  would  break  through  all  limitations,  and  call  in  a  foreign 

power,  rather  than    submit   to    them.      Some    mercenary 

lawyers  would  give  it  for  law,  that  the  prerogative  could  not 

a  As  all  struck  out. 


216  The  History  of  the  Reign 

Chap.  X.  be  limited,  and  that  a  law  limiting  it  was  void  of  it  self. 
Revenges  for  injuries,  when  joined  to  a  bigotry  in  religion, 
would  be  probably  very  violent. 

On  the  other  hand,  some  argued  against  the  exclusion 
that  it  was  unlawful  in  itself,  and  against  the  unalterable 
law  of  succession,  (which  came  to  be  the  common  phrase.) 
Monarchy  was  said  to  be  by  divine  right :  so  the  law  could 
not  alter  what  God  had  settled.  Yet  few  went  at  first  so 
high.  Much  weight  was  laid  on  the  oath  of  allegiance, 
that  tied  us  to  the  king's  heirs  :  and  whoso  was  the  heir 
when  any  man  took  that  oath,  was  still  the  heir  to  him. 
All  lawyers  had  great  regard  to  fundamental  laws  ;  and  it 
was  a  maxim  among  our  lawyers  that  even  an  act  of  parlia- 
ment against  Magna  Charta  was  null  of  itself1.  There 
was  no  arguing  from  the  changes  in  the  course  of  the  suc- 
cession that  had  been  the  effects  of  prosperous  rebellions, 
nor  from  Henry  VII's  reigning  in  the  right  of  his  queen, 
and  yet  not  owning  it  to  be  so.  Nor  was  it  strange,  if  in 
so  violent  a  reign  as  Henry  VIII's  acts  were  made  in 
prejudice  of  the  right  of  blood.  But  though  his  daughters 
were  made  bastards  by  two  several  acts,  yet  it  was  notorious 
they  were  both  born  in  a  state  of  a  marriage :  and  when 
unlawful  marriages  were  annulled,  yet  such  issue  as  de- 
scended from  them  bona  fide  used  not  to  be  illegitimated. 
But  though  that  king  made  a  will  pursuant  to  an  act  of 
parliament,  excluding  the  Scotish  line,  yet  such  regard  the 
nation  had  to  the  next  in  blood,  that,  without  examining 
into  the  will,  the  Scotish  line  was  received.  It  is  true 
queen  Elizabeth,  out  of  her  hatred  to  the  queen  of  Scots, 
got  the  famed  act  to  pass  that  declares  the  parliament's 
power  of  limiting  the  succession  ;  but  since  that  whole 
matter  ended  so  fatally,  and  was  the  great  blemish  of  her 
reign,  it  was  not  reasonable  to  build  much  on  it.  These 
were  the  arguments  of  those  who  thought  the  parliament 
had  not  the  power  to  enact  an  exclusion  of  the  next  heir : 
of  which  opinion  the  earl  of  Essex  was  at  this  time.  Others 

1  A  sottish  maxim.     S. 


of  King  Charles  II  217 

did  not  go  on  these  grounds  :  but  they  said  that  aa  father  Chap.  X. 
has  indeed  a  power  of  disinheriting  his  son.  yet  he  ought 
never  to  exert  it  but  upon  a  just  and  necessary  occasion. 
It  was  not  yet  legally  certain  that  the  duke  was  a  papist. 
This  was  a  condemning  him  unheard.  A  man's  conscience 
was  not  even  in  his  own  power :  it  seemed  therefore  to  be 
an  unjustifiable  severity ,  to  cut  off  so  great  a  right  only  for 
a  point  of  opinion.  It  is  true  it  might  be  reasonable  to 
secure  the  nation  from  the  ill  effects  that  opinion  might 
have  upon  them,  which  was  fully  done  by  the  limitations  ;  459 
but  it  was  unjust  to  carry  it  further.  The  protestants  had 
charged  the  church  of  Rome  heavily  for  the  league  of 
France,  in  order  to  the  excluding  the  house  of  Bourbon 
from  the  succession  to  the  crown  of  France,  because  of 
heresy  :  and  this  would  make  the  charge  return  back  upon 
us,  to  our  shame.  In  the  case  of  infancy  or  of  lunacy 
guardians  were  assigned  :  but  the  right  was  still  in  the  true 
heir.  A  popish  prince  was  considered  as  in  that  state  :  and 
these  limitations  were  like  the  assigning  him  guardians. 
The  crown  had  been  for  several  ages  limited  in  the  point  of 
raising  of  money,  to  which  it  may  be  supposed  a  high 
spirited  king  did  not  easily  submit,  and  yet  we  had  long 
.maintained  this  :  and  might  it  not  be  hoped,  the  limitations 
proposed  might  be  maintained  in  one  reign,  that  could  not 
be  very  long,  considering  the  zeal  and  the  number  of  those 
who  were  concerned  to  support  them  ?  |  Other  princes  MS.  237. 
might  think  themselves  obliged  in  honour  and  religion  to 
assist  him,  if  he  was  quite  excluded  :  and  it  might  be  the 
occasion  of  a  new  popish  league,  that  might  be  fatal  to  the 
whole  protestant  interest  j  whereas  if  the  limitations  passed, 
other  princes  would  not  so  probably  enter  into  the  laws  and 
establishment  settled  among  us.  It  was  said  many  in  the 
nation  thought  the  exclusion  unlawful,  but  all  would  jointly 
concur  in  the  limitations  :  so  this  was  the  securest  way, 
that  comprehended  the  greatest  part  of  the  nation.     And 

*  though  struck  out. 


218  The  History  of  the  Reign 

Chap.  X.  probably  Scotland  would  not  go  into  the  exclusion,  but 
merit  at  the  duke's  hands  by  asserting  his  title :  so  here 
was  a  foundation  of  wars  round  about  us,  as  well  as  of  great 
distractions  among  ourselves.  Some  regard  was  to  be  had 
to  the  king's  honour,  who  had  so  often  declared  he  would 
not  consent  to  an  exclusion,  but  to  any  limitations,  how 
hard  soever. 

These  were  the  chief  arguments x  upon  which  this  debate 
was  managed.  For  my  own  part,  I  did  always  look  on  it 
as  a  wild  and  extravagant  conceit,  to  deny  the  lawfulness  of 
an  exclusion  in  any  case  whatsoever.  But  for  a  great  while 
I  thought  the  accepting  the  limitations  was  the  wisest  and 
best  method 2.  I  saw  the  driving  on  the  exclusion  would 
probably  throw  us  into  great  confusions :  and  therefore 
I  made  use  of  all  the  credit  I  had  with  many  in  both  houses 
to  divert  them  from  pursuing  it  with  such  eagerness,  that 
they  would  hearken  to  nothing  else.  Yet,  when  I  saw  the 
party  so  deeply  engaged,  and  so  violently  set  upon  it,  both 
Tillotson  and  I,  who  thought  we  had  some  interest  in  lord 
Halifax,  took  great  pains  on  him,  to  divert  him  from  oppos- 
ing it  so  furiously  as  he  did  :  for  he  became  as  it  were  the 
champion  against  the  exclusion.  I  foresaw  a  great  breach 
was  like  to  follow  ;  and  that  was  plainly  the  game  of 
popery,  to  keep  us  in  such  an  unsettled  state.  This  was 
like  either  to  end  in  a  rebellion,  or  in  an  abject  submission 
of  the  nation  to  the  humours  of  the  court.  I  confess  that 
which  I  apprehended  most  was  a  rebellion,  though  it  turned 
afterwards  quite  the  other  way ;  but  men  of  more  experi- 
ence, and  who  had  better  advantages  to  make  a  true  judg- 
460  ment  of  the  temper  of  the  nation,  were  mistaken  as  well  as 
my  self.  All  the  progress  that  was  made  in  this  matter  in 
the  present  parliament  was,  that  the  bill  of  exclusion  was 

1  There  were  also  against  exclu-  2  It   was   the   wisest,    because   it 

sion,  though  unexpressed,  the  force  would  be  less  opposed  ;  and  the  king 

of  tradition,  the  dislike  of  coercingthe  would  consent  to  it;   otherwise  an 

sovereign,  and  the  dread  of  the  de-  exclusion  would   have  done  better, 

signs  of  Shaftesbury  and  Monmouth.  S. 


of  King  Charles  II.  219 

read  twice  in  the  house  of  commons.     But  the  parliament  Chap.  X. 
was  dissolved  before  it  came  to  a  third  reading  1.  May  15-22 

The  earl  of  Danby's  prosecution  was  the  point  on  which  1679- 
the  parliament  was  broken.  The  bill  of  attainder  for  his 
wilful  absence  was  passed  by  the  commons,  and  sent  up  to 
the  lords  :  but  when  it  was  brought  to  the  third  reading, 
he  delivered  himself,  and  was  upon  that  sent  to  the  Tower2. 
Upon  which  he  moved  for  his  trial.  The  man  of  the  law 
he  depended  most  upon  was  Pollexfen,  an  honest  and 
learned,  but  perplexed,  lawyer.  He  advised  him  positively 
to  stand  upon  his  pardon,  "it  was  a  point  of  prerogative 
never  yet  judged  against  the  crown :  so  he  might  in  that 
case  depend  on  the  house  of  lords,  and  on  the  king's 
interest  there.  It  might  perhaps  produce  some  act  against 
all  pardons  for  the  future :  but  he  thought  he  was  secure 
in  his  pardon.  It  was  both  wiser  and  more  honourable 
for  the  king,  as  well  as  for  himself,  to  stand  on  this,  than 
to  enter  into  the  matter  of  the  letters,  which  would  occasion 
many  indecent  reflections  on  both.  So  he  settled  on  this, 
and  pleaded  his  pardon  at  the  lords'  bar3:  to  which  the 
commons  put  in  a  reply,  questioning  the  validity  of  the  May  5, 
pardon,  on  the  grounds  formerly  mentioned ;  and  they  l679' 
demanded  a  trial  and  judgment. 

Upon  this  a  famous  debate  arose  concerning  the  bishops' 
right  of  voting  in  any  part  of  a  trial  for  treason  4.  It  was 
said  that,  though  the  bishops  did  not  vote  in  the  final 
judgment,  yet  they  had  a  right  to  vote  in  all  preliminaries. 
Now  the  allowing  or  not  allowing  the  pardon  to  be  good 

1  Prorogued  on  May  27  (after  -  He  was  not  released  on  bail  until 
passing  the  Act  for  the  better  ,  the  spring  (Feb.  12,  i68|)  of  1684  ; 
observance  of  the  law  of  Habeas  and  he  was  discharged  from  his  re- 
Corpus,  infra  264)  to  Aug.  14,  but  cognizances  by  the  Lords  on  May  19, 
dissolved  by  proclamation  before  1685.  See  infra  433,  and  f.  640.  See 
that  date  in  July,  lest,  according  to  his  letters  to  the  Duke  of  Newcastle 
Danby  (Add.  MSS.  23,044,  f.  32),  he  and  others  in  the  Portland  MSS., 
should,  rather  than  allow  an  attainder  H.M.  C.  Rep.  xiii,  App.  ii.  154. 
to  pass  against  him,  produce  letters  .  3  Hallam,  Const.  Hist.,  sm.  ed. 
gravely  compromising  the  king.  See  ii.  414. 
infra  232,  and  Ranke,  iv.  84.  *  See  Sidney's  Letters,  70. 


220  The  History  of  the  Reign 

Chap.  X.  was  but  a  preliminary,  and  yet  the  whole  matter  was  con- 
cluded by  it.  The  lords  of  Nottingham  and  Robarts1 
argued  for  the  bishops'  voting  ;  but  the  lords  Essex. 
Shaftesbury,  and  Holies  were  against  it.  Many  books 
were  writ  on  both  sides,  of  which  an  account  shall  be  given 
afterwards,  but  upon  this  debate  it  was  carried  by  the 
majority  that  the  bishops  had  a  right  to  vote.  Upon  which 
the  commons  said  they  would  not  proceed,  unless  the 
bishops  were  obliged  to  withdraw  during  the  whole  trial. 
May  27,  And  upon  that  breach  between  the  two  houses  the  parlia- 
7  ment  was  prorogued  2,  and  soon  after  it  was  dissolved  ;  and 
the  blame  of  this  was  cast  chiefly  on  the  bishops.     The 

MS.  238.  truth  was,  they  desired  to  have  withdrawn,  but  |  the  king 
would  not  suffer  it.  He  was  so  set  on  maintaining  the 
pardon,  that  he  would  not  venture  such  a  point  to  the 
votes  of  the  temporal  lords  ;  and  he  told  the  bishops  that 
they  must  stick  to  him,  and  to  his  prerogative,  as  they 
would  expect  that  he  should  stick  to  them  if  they  came  to 
be  pushed  at.  By  this  means  they  were  exposed  to  the 
popular  fury. 
461  Hot  people  began  every  where  to  censure  them,  as  a  set 
of  men  that  for  their  own  ends,  and  for  every  punctilio 
that  they  pretended  to,  would  expose  the  nation  and  the 
protestant  religion  to  ruin  ;  and  in  revenge,  many  began  to 
declare  openly  in  favour  of  the  nonconformists.  And  upon 
this  the  nonconformists  behaved  themselves  very  indecently: 
for  though  many  of  the  more  moderate  of  the  clergy  were 
trying,  if  an  advantage  might  be  taken  from  the  ill  state 
we  were  in,  to  heal  those  breaches  that  were  among  us, 
they  on  their  part  fell  very  severely  upon  the  body  of  the 
clergy.  The  act  that  restrained  the  press  was  to  last  only 
to  the  end  of  the  first  session  of  the  next  parliament  that 
should  meet  after  that  was  dissolved.     So  now  upon  the 

1  •  Old    Roberts,  in  appearing  of  Sidney's  Letters,  85,  June  2,  1679. 

late  for  King  and  Bishops,  thinks  him-  2  At  the  advice  of  Temple  and  the 

self  of  merit  to  succeed  him  [Ormond,  'Triumvirate,'    Sunderland,    Essex, 

in  Ireland];  but  he   is   as  singular  and  Halifax;  and  to  the  intense  anger 

in  that  opinion  as  in  many  others.'  of  Shaftesbury. 


of  King  Charles  II.  221 

end  of  the  session,  the  act  not  being  revived,  the  press  was  Chap.  x. 
open,  and  it  became  very  licentious,  both  against  the  court 
and  the  clergy.  And  in  this  the  nonconformists  had  so 
great  a  hand,  that  the  bishops  and  the  clergy,  apprehending 
that  a  rebellion  and  with  it  the  pulling  the  church  to  pieces 
were  designed,  set  themselves  on  the  other  hand  to  write 
against  the  late  times,  and  to  draw  a  parallel  between  the 
present  time  and  them  1 :  which  was  not  decently  enough 
managed  by  those  who  undertook  the  argument,  and  who 
were  believed  to  be  set  on  and  paid  by  the  court  for  it. 
The  chief  manager  of  all  those  angry  writings  was  one  sir 
Roger  L'Estrange2,  a  man  who  had  lived  in  all  the  late 
times,  and  was  furnished  with  many  passages,  and  an 
unexhausted  copiousness  in  writing :  so  that  for  some 
years  he  published  three  or  four  sheets  a  week  under  the 
title  of  the  Observator,  all  tending  to  defame  the  contrary 
party,  and  to  make  the  clergy  apprehend  that  their  ruin 
was  designed.  This  had  all  the  success  he  could  have 
wished  for,  as  it  drew  considerable  sums  that  were  raised 
to  acknowledge  the  service  he  did.  Upon  this  the  greater 
part  of  the  clergy,  who  were  already  much  prejudiced 
against  that  party,  being  now  both,  sharpened  and  furnished 
by  these  papers,  delivered  themselves  up  to  much  heat  and 
indiscretion,  which  was  vented  both  in  their  pulpits  and 
common  conversation,  and  most  particularly  at  the  elections 
of  parliament  men  :  and  this  drew  much  hatred  and  censure 
upon  them.  They  seemed  now  to  lay  down  all  fears  and 
apprehensions  of  popery,  and  nothing  was  so  common  in 
their  mouths  as  the  year  41,  in  which  the  late  wars  begun, 
and  which  seemed  now  to  be  near  the  being  acted  over 
again.  Both  city  and  country  were  full  of  many  indecencies 
that  broke  out  on  this  occasion.  But  as  there  were  too 
many  of  the  clergy  whom  the  heat  of  their  tempers  and  462 
the  hope  of  preferment  drove  to  such  extravagancies,  there 

1  See  North's  Life  of  Lord  Keeper  'A  person  of  excellent  parts,  bating 
Guilford,  200.  some  affectations.'  Evelyn,  Memoirs, 

2  A  superficial  meddling  coxcomb.  i.  559.    R.    Luttrell  speaks  of  him  as 
In    a    different    hand    from    Swift's.  '  hurtful  to  the  Protestant  interest.' 


222  The  History  of  the  Reign 

Chap.  X.  were  still  many  worthy  and  eminent  men  among  them, 
whose  lives  and  labours  did  in  great  measure  rescue  the 
church  from  those  reproaches  that  the  follies  of  others 
drew  upon  it.  Such  were,  besides  those  whom  I  have 
often  named,  Tenison  l,  Sharp 2,  Patrick,  Sherlock,  Fowler, 
Scott,  Calamy,  Clagett,  Cudworth,  two  Mores  3,  Williams, 
and  many  others,  whom  though  I  knew  not  so  particularly 
as  to  give  all  their  characters,  yet  they  deserved  a  high 
one  ;  and  were  indeed  an  honour  both  to  the  church  and 
to  the  age  in  which  they  lived. 

I  return  from  this  digression  to  give  an  account  of  the 
arguments  by  which  that  debate  concerning  the  bishops 
voting  in  preliminaries  was  maintained.  It  was  said  the 
bishops  were  one  of  the  three  estates  of  which  the  parlia- 
ment was  composed,  and  that  therefore  they  ought  to  have 
a  share  in  all  parliamentary  matters :  that  as  the  temporal 
lords  transmitted  their  honours  and  fees  to  their  heirs,  so 
the  bishops  did  transmit  theirs  to  their  successors  :  and 
they  sat  in  parliament,  both  as  they  were  the  prelates  of 
the  church,  and  barons  of  the  realm  :  but  in  the  time  of 
popery,  when  they  combined  to  raise  the  ecclesiastical  as 
well  as  the  papal  power,  they  had  a  mind  to  withdraw 
themselves  wholly  from  the  king's  courts,  and  to  form  them- 
selves into  a  state  apart  ;  that  upon  this  attempt  of  theirs, 
our  kings  would  not  dispense  with  their  attendance,  and  a 

a  upon  that  struck  out. 


1  For  Tenison  and  Patrick,  see  Gray's  Inn,  was  author  of  a  vast 
vol.  i.  338.  number  of  controversial  works  of  an 

2  John  Sharp,  afterwards  Arch-  antipopery  character.  His  sermons, 
bishop  of  York ;  he  advised  Anne  with  a  Life  by  John  Sharp,  Arch- 
not  to  make  Swift  a  bishop.  William  bishop  of  York,  are  published.  He 
Sherlock  was  Dean  of  St.  Paul's  and  died  in  1688. 

Master    of    the   Temple.      Edmund  3  Dr.  Henry  More  was  a  man  of 

Fowler,  afterwards  Bishop  of  Glou-  the  purest  repute,  and    one  of  the 

cester,  was  the  first  to  declare  his  Cambridge  Platonists;  vol.  i. 333,  334. 

refusal  to  read  James's  Declaration.  Of  another  More  there  is  no  trace. 

John  Scott  was  Rector  of  St.  Giles  in  For  Cudworth,  see  i.  131.    Williams 

the  Fields,  author  of  The  Christian  afterwards  became   Bishop  of  Chi- 

Life.     William  Clagett,  preacher  at  Chester. 


of  King  Charles  II.  223 

several  regulations  were  made,  chiefly  the  famed  ones  at  Chap.  X. 
Clarendon  ;  not  so  much  intended  as  restraints  on  them  in 
the  use  of  their  rights  as  they  were  barons,  but  as  obliga- 
tions on  them  to  perform  all  but  those  that  in  compliance 
with  their  desires  were  then  expected.  The  clergy  who 
had  a  mind  to  be  excused  from  all  parliamentary  atten- 
dance, obtained  leave  to  withdraw  in  judgments  of  life 
and  death,  as  unbecoming  their  profession,  and  contrary  to 
their  canons.  Princes  were  the  more  inclinable  to  this, 
because  bishops  might  be  more  apt  to  lean  to  the  merciful 
side  :  and  the  judgments  of  parliament  |  in  that  time  were  MS.  239. 
commonly  in  favour  of  the  crown  against  the  barons  :  the 
bishops  had  leave  given  them  to  withdraw  from  these. 
But  they  had  a  right  to  name  a  proxy  for  the  clergy,  or  to 
protest  for  the  saving  their  rights  in  all  other  points  as 
peers  :  so  that  this  was  rather  a  concession  in  their  favour, 
than  a  restraint  imposed  on  them  :  and  they  did  it  on 
design  to  get  out  of  those  courts  as  much  as  they  could. 
At  the  reformation  all  such  practices  as  were  contrary  to 
the  king's  prerogative  were  condemned  :  so  it  was  said  that 
the  king  having  a  right  by  his  prerogative  to  demand  463 
justice  in  parliament  against  such  as  he  should  accuse 
there,  none  of  the  peers  could  be  excused  from  that  by 
any  of  the  constitutions  made  in  the  time  of  popery,  which 
were  all  condemned  at  the  reformation.  The  protestation 
they  made,  and  their  asking  leave  to  withdraw,  shewed  it 
was  a  voluntary  act  of  theirs,  and  not  imposed  on  them  by 
the  law  of  parliament.  The  words  of  the  article  of 
Clarendon  seemed  to  import,  that  they  might  sit  during 
the  trial,  till  it  came  to  the  final  judgment  and  sentence  of 
life  or  limb ;  and  by  consequence,  that  they  might  vote  in 
the  preliminaries  1. 

On  the  other  hand  it  was  argued,  that  bishops  could  not 

1  'The  determination  of  the  house  spiritual  have  a  right  to  stay  and  sit 

of  lords  in  the  earl  of  Danby's  case,  in    court   in   capital   cases,    till    the 

which  hath  been  ever  since  adhered  court  proceeds  to  the  vote  of  guilty 

to,  is  consonant  to  these  constitu-  or  not  guilty.'     Blackstone's    Com- 

tions  of  Clarendon,  That  the  lords  men/aries,  book  iv,  ch.  19,  p.  264.   R. 


224  The  History  of  the  Reign 

Chap.  X.  judge  the  temporal  lords  as  their  peers  :  for  if  they  were  to 
be  tried  for  high  treason,  they  were  to  be  judged  only  by 
a  jury  of  commoners  :  and  since  their  honour  was  not  here- 
ditary, they  could  not  be  the  peers  of  those  whose  blood 
was  dignified  :  and  therefore,  though  they  were  a  part  of 
that  house  with  relation  to  the  legislature  and  judicature, 
yet  the  difference  between  a  personal  and  hereditary 
peerage  made  that  they  could  not  be  the  judges  of  the 
temporal  lords,  as  not  being  to  be  tried  by  them.  The 
custom  of  parliament  was  the  law  of  parliament :  and  since 
they  had  never  judged  in  those  cases,  they  could  not  pre- 
tend to  it.  Their  protestation  was  only  in  bar,  with  rela- 
tion to  the  lords  doing  any  thing  besides  the  trial  during  the 
time  that  they  were  withdrawn.  The  words  of  the  article 
of  Clarendon  must  relate  to  the  whole  trial,  as  one  com- 
plicated thing,  though  it  might  run  out  into  many  branches  : 
and  since  the  final  sentence  did  often  turn  upon  the  pre- 
liminaries, the  voting  in  these  was  upon  the  matter  the 
voting  in  the  final  sentence.  Whatever  might  be  the  first 
inducements  to  frame  those  articles  of  the  clergy,  which  at 
this  distance  must  be  dark  and  uncertain,  yet  the  laws  and 
practice  pursuant  to  them  were  still  in  force :  by  the  act  of 
Henry  the  8  it  was  provided  that  till  a  new  body  of  canon 
law  should  be  formed,  that  which  was  then  received  should 
be  still  in  force,  unless  it  was  contrary  to  the  king's  pre- 
rogative or  the  law  of  the  land  :  and  it  was  a  remote  and 
forced  inference  .to  pretend  that  the  prerogative  was  con- 
cerned in  this  matter. 

Thus  the  point  was  argued  on  both  sides.  Dr.  Stilling- 
fleet  gave  upon  this  occasion  a  great  proof  of  his  being 
able  to  make  himself  quickly  the  master  of  any  argument 
which  he  undertook  :  for  after  the  lawyers  and  others  con- 
versant in  parliament  records,  in  particular  the  lord  Holies, 
who  undertook  the  argument  with  great  vehemence,  had 
writ  many  books  about  it,  he  published  a  treatise  that  dis- 
covered more  skill  and  exactness  in  searching  and  judging 
464  those   matters   than    all    that   had   gone  before  him,  and 


of  King  Charles  II. 


225 


May  27- 

Oct.  21, 

1679. 


indeed  he  put  an  end  to  the  controversy  in  the  opinion  of  Chap,  x 
all  impartial  men  l.  He  proved  the  right  that  the  bishops 
had  to  vote  in  those  preliminaries,  beyond  contradiction 
in  my  opinion,  both  from  our  records  and  from  our  first 
constitution 2.  But  now,  in  the  interval  of  parliament, 
other  matters  came  to  be  related. 

The  king  upon  the  prorogation  of  the  parliament  became 
sullen  and  thoughtful 3 :  he  saw  he  had  to  do  with  a 
strange  sort  of  people,  that  could  neither  be  managed  nor 
frightened  :  and  from  that  time  his  temper  was  observed 
to  change  very  visibly.  He  saw  the  necessity  of  calling 
another  parliament,  and  of  preparing  matters  in  order  to 
it :  therefore  the  prosecution  of  the  plot  was  still  carried 
on.  So  five  of  the  Jesuits  that  had  been  accused  of  it  were 
brought  to  their  trial  :  they  were  Whitebread,  their  pro- 
vincial, F'enwick,  Harcourt,  Govan,  and  Turner.  Oates 
repeated    against    them    his   former   evidence :    and    they 


1  Still,  those  who  managed  the 
controversy  on  the  other  side  did 
not  waive  it  ;  for  Oldmixon,  in  his 
History  of  the  Stuarts,  632,  observes, 
that  Lord  Holies  mentions,  in  the 
Preface  to  his  Considerations,  Stil- 
lingfleet's  Grand  Question,  &c.  which 
shows,  that  some  observations  were 
made  by  him  on  this  subject  after  the 
doctor's  treatise.     R. 

2  By  the  great  charter  (which  is 
the  undeniable  constitution  of  Eng- 
land), every  man  is  "to  be  tried  for 
his  life  by  his  peers ;  the  bishops, 
before  the  Reformation,  pretended 
they  were  exempt  from  any  trial  by 
laymen  ;  since  the  Reformation, 
they  have  always  been  tried  by  a 
jury  of  commoners  :  which  puts  it 
out  of  dispute  who  are  their  peers, 
and  consequently  whose  peers  they 
are.  And  are,  in  all  cases  whatever, 
obliged  to  give  their  testimony  upon 
oath,  like  other  people.  D.  It  is 
certain,  that  the  bishops  were 
anciently    called    peers ;      and     the 

VOL.  II. 


meaningof  the  term  peer  of  England, 
is  by  no  means  uncertain,  but  places 
those  to  whom  it  is  assigned,  on  a 
level  with  the  nobility  in  general.  It 
does  not  follow,  because  it  has  hap- 
pened that  their  privileges  are  not  of 
equal  extent  with  those  of  the  tem- 
poral nobility,  that  the  bishops  are 
not  peers  of  the  realm,  as  they  are 
denominated  in  an  Act  of  the  25th  of 
Edward  III.     R. 

3  Reresby  contradicts  this,  Me- 
moirs, 173.  'I  wondered  to  see  him 
so  cheerful  amongst  so  many  troubles; 
but  it  was  not  his  nature  to  think 
much,  or  to  perplex  himself.'  May  23, 
1679.  Burnet's  account  gives  a  very 
slight  idea  of  the  fierceness  of  this 
session  just  over.  Shaftesbury  was 
now  furious  at  the  breach  of  faith 
which  the  prorogation  displayed. 
Supra,  209  note.  The  perturbation 
which  it  caused  in  the  Dutch  States 
is  described  by  Henry  Sidney,  Diary, 
Oct.  22,  1679 ;  see  also  Sidney's 
Letters,  78. 


226  The  History  of  the  Reign 

Chap.  X.  prepared  a  great  defence  against  it :  for  sixteen  persons 
came  over  from  their  house  at  St.  Omer's,  who  testified  that 
Oates  had  staid  among  them  all  the  while  from  Decem- 
ber 77  till  June  78  ;  so  that  he  could  not  possibly  be  at 
London  in  the  April  at  those  consults,  as  he  had  sworn. 
They  remembered  this  the  more  particularly,  because  he 
sat  at  a  table  by  himself  in  the  refectory,  which  made  his 
being  there  to  be  the  more  observed  ;  for  as  he  was  not 
mixed  with  the  scholars,  so  neither  was  he  admitted  to  the 
Jesuits'  table.  They  said  he  was  among  them  every  day, 
except  one  or  two  in  which  he  was  in  the  infirmary.    They 

MS.  240.  also  testified  |  that  some  of  those  who,  as  he  swore,  came 
over  with  him  into  England  in  April  had  staid  all  that 
summer  in  Flanders.  In  opposition  to  this,  Oates  had- 
found  out  seven  or  eight  persons  who  deposed  that  they 
saw  him  in  England  about  the  beginning  of  May  ;  and  that 
he  being  known  formerly  to  them  in  a  clergyman's  habit, 
they  had  observed  him  so  much  the  more  by  reason  of 
that  change  of  habit.  With  one  of  these  he  dined,  and  he 
had  much  discourse  with  him  about  his  travels.  An  old 
Dominican  friar,  who  was  still  of  that  church  and  order, 
swore  also  that  he  saw  him,  and  spoke  frequently  with  him 
at  that  time.  By  this  the  credit  of  the  St.  Omer's  scholars 
was  quite  blasted.  There  was  no  reason  to  mistrust  those 
who  had  no  interest  in  the  matter,  and  swore  that  they 
saw  Oates  about  that  time  ;  whereas  the  evidence  given 
by  scholars  bred  in  the  Jesuits'  college,  when  it  was  to  save 
some  of  their  order,  was  liable  to  a  very  just  suspicion. 
Bedloe  swore  now  against  them  all,  not  upon  hearsay  as 
465  before,  but  on  his  own  knowledge  ;  and  no  regard  was  had 
to  his  former  oath  mentioned  in  Ireland's  trial.  Dugdale 
did  likewise  swear  against  some  of  them  :  one  part  of  his 
evidence  seemed  scarce  credible.  He  swore  that  White- 
bread  did  in  a  letter  that  was  directed  to  himself,  though 
intended  for  F.  Evers,  and  that  came  by  the  common 
post,  and  was  signed  by  him,  desire  him  to  find  out  men 
proper  to  be  made  use  [of]  in  killing  the  king,  of  what 


i679- 


of  King  Charles  II.  227 

quality  soever  they  might  be.  This  did  not  look  like  the  Chap.  X. 
cunning  of  Jesuits,  in  an  age  in  which  all  people  make  use 
either  of  ciphers  or  of  some  disguised  cant.  But  the  over- 
throwing the  St.  Omer's  evidence  was  now  such  an  addi- 
tional load  on  the  Jesuits,  that  the  jury  came  quickly  to 
a  verdict,  and  they  were  condemned1.  At  their  execution  June  20, 
they  did,  with  the  greatest  solemnity  and  the  deepest 
imprecations  possible,  deny  the  whole  evidence  upon  which 
they  were  condemned  :  and  protested  that  they  held  no 
opinions  either  of  the  lawfulness  of  assassinating  princes, 
or  of  the  pope's  power  of  deposing  them,  and  that  they 
counted  all  equivocation  odious  and  sinful.  All  their 
speeches  were  very  full  of  these  heads ;  Govan's  was 
much  laboured,  and  too  rhetorical.  A  very  zealous  pro- 
testant,  that  went  oft  to  see  them  in  prison,  told  me  that 
they  behaved  themselves  with  great  decency,  and  with  all 
the  appearances  both  of  innocence  and  devotion. 

Langhorn,  the  lawyer,  was  tried  next :  he  made  use  of 
the  St.  Omer's  scholars,  but  their  evidence  seemed  to  be 
so  baffled  that  it  served  him  in  no  stead.  He  insisted  next 
on  some  contradictions  in  the  several  depositions  that 
Oates  had  given  at  several  trials :  but  he  had  no  other 
proof  of  that  besides,  the  printed  trials,  which  was  no  proof 
in  law.  The  judges  said  upon  this,  that  which  is  perhaps 
good  law  but  yet  does  not  satisfy  a  man's  mind,  that  great 
difference  was  to  be  made  between  a  narrative  upon  oath 
and  an  evidence  given  in  court.  If  a  man  was  false  in  any 
one  oath,  there  seemed  to  be  just  reason  to  set  him  aside, 
as  no  good  witness.  Langhorn  likewise  urged  this,  that 
it  was  six  weeks  after  Oates's  first  discovery  before  he 
named  him :  whereas  if  the  commission  had  been  lodged 
with  him,  he  ought  to  have  been  seized  on  and  searched 
first  of  all.  Bedloe  swore  he  saw  him  enter  some  of  Cole- 
man's treasonable  letters  in  a  register,  in  which  express 
mention  was   made  of  killing  the  king.     He  shewed  the 

1  'The  trials  were  in  all  respects  adversaries.'  Sidney's  Letters,  ior, 
fair,  even  by  the  confession   of  their       102. 

Q2 


228  The  History  of  the  Reign 

Chap.  x.  improbability  of  this,  that  a  man  of  his  business  could  be  set 
to  register  letters.  Yet  all  was  of  no  use  to  him;  for  he  was 
cast.  Great  pains  was  taken  to  persuade  him  to  discover 
466  all  he  knew  ;  and  his  execution  was  delayed  for  some  weeks, 
in  hopes  that  somewhat  might  be  drawn  from  him.  He 
offered  a  discovery  of  the  estates  and  stock  that  the  Jesuits 
had  in  England,  the  secret  of  which  was  lodged  with  him  : 
but  he  protested  that  he  could  make  no  other  discovery, 
and  persisted  in  this  to  his  death1.  He  spent  the  time  in 
which  his  execution  was  respited,  in  writing  some  very 
devout  and  well  composed  meditations 2.  He  was  in  all 
respects  a  very  extraordinary  man  :  he  was  learned  and 
honest  in  his  profession  ;  but  was  out  of  measure  fierce 
and  bigoted  in  his  religion.  He  died  with  great  constancy. 
June  20  to  These  executions,  with  the  denials  of  all  that  suffered, 
Ju'y  *4,  made  great  impressions  on  many  3.  Several  books  were  writ, 
to  shew  that  lying  for  a  good  end  was  not  only  thought  lawful 
among  them,  but  had  been  often  practised,  particularly  by 
some  of  those  who  died  for  the  gunpowder  treason,  denying 
those  very  things  which  were  afterwards  not  only  fully 
proved,  but  confessed  by  the  persons  concerned  in  them. 
Yet  the  behaviour  and  last  words  of  those  who  suffered 
made  impressions  which  no  books  could  carry  off. 

Some  months  after  this  Sergeant,  a  secular  priest,  who 
had  been  always  in  ill  terms  with  the  Jesuits,  and  was 
a  zealous  papist  in  his  own  way,  appeared  before  the  council 
upon  security  given  him  ;  and  he  averred  that  Govan,  the 
Jesuit,  who  died  protesting  he  had  never  thought  it  lawful 

1  Compare   Sidney's  Letters,   in,  relates   to    Rome   admire   the    con- 

124, 137  ;  and  Hatton  Correspondence,  stancy  of  the  five  priests  executed 

i.  188.  last  week,  but  we  simple  people  find 

3  See   Mr.  Langhorns   Memoires,  no  more  in  it  than  that  the  Papists, 

with  some  meditations  and  devotions  by  arts  formerly  unknown  to  man- 

of  his,  during  his  imprisonment:  as  kind,  have  found  ways  of  reconciling 

also  his  Petition  to  His  Majesty,  and  falsehood  in  the  utmost  degree  with 

his  speech  at  his  execution  [July  14],  the  hopes  of  salvation,  but  the  best 

written    with    his    own   hand:    publ.  have  no  more  to  brag  of  than  that 

1679.  they  have  made  men  dye  with  lies  in 

3  '  Those  who  use  to  extol  all  that  their  mouths.'     Sidney's  Letters,  123. 


of  King  Charles  II.  229 

to  murder  kings,  but  had  always  detested  it,  had  at  his  last  Chap.  X. 
being  in  Flanders  said  to  a  very  devout  person,  from  |  whom  Ms  ~ 
Sergeant  had  it,  that  he  thought  the  queen  might  lawfully 
take  away  the  king's  life  for  the  injuries  he  had  done  her, 
but    much  more  because  he  was   a   heretic.     Upon    that 
Sergeant  run  out  into  many  particulars,  to  shew  how  little 
credit  was  due  to  the  protestations  made  by  Jesuits  even 
at  their  death.     This  gave  some  credit  to  the  tenderest 
part  of  Oates's  evidence  with  relation  to  the  queen.     It 
shewed  that  the  trying  to  do  it  by  her  means  had  been 
thought  of  by  them.     All  this   was  only  evidence   from 
second   hand :    so  it  signified  little.      Sergeant  was  much 
blamed  for  it  by  all  his  own  side.     He  had  the  reputation 
of  a  sincere  and  good,  but  of  an  indiscreet,  man  l.     The  exe- 
cutions were  generally  imputed  to  lord  Shaftesbury,  who 
drove  them  on  a  not  doubting  but  a  that  some  one  or  other, 
to  have  saved  himself,  would  have  accused  the  duke.  But  by 
these  the  credit  of  the  witnesses,  and  of  the  whole  plot,  was 
sinking  apace.  The  building  so  much,  and  shedding  so  much 
blood,  upon  the  weakest  part  of  it,  which  was  the  credit  of 
the  witnesses,  raised  a  general  prejudice  against  it  all ;  and  467 
took  away  the  force  of  that  which  was  certainly  true,  which 
was  that  the  whole  party  had  been  contriving  a  change  of 
religion  by  a  foreign  assistance  ;  so  that  it  made  not  impres- 
sion enough,  but  went  off  too  fast.     It  was  like  the  letting 
blood,  (as   one    observed,)  which  abates  a   fever.     Every 
execution,  like  a  new  bleeding,  abated  the  heat  that  the 
nation  was  in ;  and  threw  us  into  a  cold  deadness,  which 
was  like  to  prove  fatal  to  us. 

Wakeman's  trial  came  on  next  2.     Oates  swore  he  saw 

*  in  hope  struck  out,  and  not  doubting  but  substituted. 


1  John  Sergeant  (1622-1707),  au-  delayed,  it  was  said,  at  the  solicita- 
thor  of  a  large  number  of  Romanist  tion  of  the  Portuguese  ambassador, 
controversial  works,  which  are  de-  and  '  to  avoid  the  indecency  of  the 
tailed  in  Mr.  Cooper's  article  upon  discourses  that  would  have  been 
him  in  the  Diet.  Nat.  Biog.  made.'     Sidney's  Letters,  102,  124. 

2  July    18,    1679.       It    had    been 


230  The  History  of  the  Reign 

Chap.  X.  him  write  a  bill  to  Ashby,  the  Jesuit,  by  which  he  knew  his 
hand :  and  he  saw  another  letter  of  his  writ  in  the  same 
hand,  in  which  he  directed  Ashby,  who  was  then  going  to 
the  Bath,  to  use  a  milk  diet,  and  to  be  pumped  at  the  Bath ; 
and  that  in  that  letter  he  mentioned  his  zeal  in  the  design 
of  killing  the  king.  He  next  repeated  all  the  story  he  had 
sworn  against  the  queen :  which  he  brought  only  to  make 
it  probable  that  Wakeman,  who  was  her  physician,  was  in 
it.  To  all  this  Wakeman  objected,  that  at  first  Oates 
accused  him  only  upon  hearsay,  and  did  solemnly  protest 
he  knew  nothing  against  him  :  which  was  fully  made  out. 
So  he  said  all  that  Oates  now  swore  against  him  must  be 
a  forgery,  not  thought  of  at  that  time  \  He  also  proved 
both  by  his  own  servant,  and  by  the  apothecary  at  the 
Bath,  that  Ashby's  paper  was  not  writ,  but  only  dictated 
by  him  :  for  he  happened  to  be  very  weary  when  he  came 
for  it,  and  his  man  wrote  it  out :  and  that  of  the  milk  diet 
was  a  plain  indication  of  an  ill  laid  forgery,  since  it  was 
known  that  nothing  was  held  more  inconsistent  with  the 
Bath  water  than  milk.  Bedloe  swore  against  him  that  he 
saw  him  receive  a  bill  of  2000/.  from  Harcourt,  in  part  of  a 
greater  sum  ;  and  that  Wakeman  told  him  afterwards  that 
he  had  received  the  money  ;  and  that  Harcourt  told  him  for 
what  end  it  was  given,  for  they  intended  the  king  should  be 
killed,  either  by  those  they  sent  to  Windsor,  or  by  Wake- 
man's  means  :  and  if  all  other  ways  failed,  they  would  take 
him  off  at  Newmarket.     Bedloe   in   the   first   giving   his 

1  '  Oates  displayed  considerable  any  thing  personally  of  Sir  George 
ingenuity  in  the  manner  of  qualifying  Wakeman,  he  raised  his  hands  to 
his  evidence,  so  as  to  elude  the  heaven,  and  protested  before  God, 
objections  of  his  adversaries.  Though  that  he  did  not,  and  yet  that  very 
his  vexation  occasionally  betrayed  morning  he  had  charged  him  with 
itself  in  passionate  and  irreverent  several  overt  acts  of  treason,  com- 
expressions,  he  maintained  the  con-  mitted,  as  he  said,  in  his  own  pre- 
test without  flinching;  and  in  a  tone  sence.  This  was  a  blow  which  he 
of  conscious  superiority,  till  he  was  could  not  parry :  feigning  indis- 
unexpectedly  confronted  with  Sir  position,  he  asked  leave  to  retire, 
Philip  Lloyd,  clerk  of  the  council,  and  the  jury  acquitted  all  the 
who  deposed,  that  when  the  lord  prisoners.'  Lingard's  History  of  Eng- 
chancellor  asked  Oates,  if  he  knew  land,  xiii.  176  fed.  1831). 


of  King  Charles  1L  231 

evidence  deposed  that  this  was  said    by  Harcourt  when  Chap.  X. 

Wakeman  was  gone  out  of  the  room  :  but  observing,  by  the 

questions  that  were  put  him,  that  this  would  not  affect 

Wakeman,  he  swore  afterwards  that  he  said  it  likewise  in 

his  hearing.     Wakeman  had  nothing  to  set  against  all  this> 

but  that  it  seemed  impossible  that  he  could  trust  himself 

in  such  matters  to  such  a  person  :  and  if  Oates  was  set  aside, 

he  was  but  one  witness.     Three  other  Benedictine  priests 

were  tried  with  Wakeman.     Oates  swore  that  they  were  in 

the  plot  of  killing  the  king ;  that  one  of  them,  being  their 

superior,  had  engaged  to  give  6000/.  towards  the  carrying 

it  on.     Bedloe  swore  somewhat  circumstantial  to  the  same  468 

purpose  against  two  of  them  :  but  that  did  not  rise  up  to  be 

treason :    and  he  had  nothing  to  charge  the  third  with. 

They  proved  that  another  person  had  been  their  superior 

for  several  years  ;  and  that  Oates  was  never  once  suffered 

to  come  within  their  house,  which  all  their  servants  deposed  ; 

and  they  also  proved  that  when  Oates  came  into  their  house 

the  night  after  he  made  his  discovery,  and  took  Pickering 

out  of  his  bed,  and  saw  them,  he  said  he  had  nothing  to  lay 

to  their  charge.     They  urged  many  other  things  to  destroy 

the  credit  of  the  witnesses :  and  one  of  them  made  a  long 

declamation,  in  a  high  bombast  strain,  to  shew  what  credit 

was  due  to  the  speeches  of  dying  men.     The  eloquence  was 

so  forced  and  childish,  that  this  did  them  more  hurt  than 

good.     Scroggs  summed  up  the  evidence  very  favourably 

for  the  prisoners,  far  contrary  to  his  former  practice.     The 

truth  is,  that  this  was  looked  on  as  the  queen's  trial,  as  well 

as  Wakeman's.     The  prisoners  were  acquitted  l :  and  now   July  18, 


1  Wakeman,  after  entertaining  his  Luttrell,  20,  29.     The  people  were 

friends  at  supper  and  visiting  the  further  irritated  by  the  ceremonial 

queen   at   Windsor   {Verney  MSS.,  visit  of  the  Portuguese  ambassador 

July  24,  1679),  fled  the  country  to  to  Scroggs,  referred  to  in  the  text, 

escape   the   effects   of    the   popular  Fleming    Papers,    July     29,     1679. 

disappointment     at     his     acquittal.  Scroggs  defended  himself  in  a  speech 

Scroggs  was  subjected  to  constant  in  the  King's  Bench  on  the  first  day 

annoyance,  though  '  highly  caressed  of  Michaelmas  Term,   1679  ;   which 

by  the  favourites  of  both  sex.'    Hat-  was   answered   by   the  anonymous 

ton  Correspondence,  Sept.   18,    1679;  -^  New  Year's  gift  for  the  Lord  Chief 


1679. 


232  The  History  of  the  Reign 

Chap.  X.  the  witnesses  saw  they  were  blasted,  and  they  were  enraged 
upon  it.  which  they  vented  with  much  spite  upon  Scroggs  ; 
and  there  was  in  him  matter  enough  to  work  on  for  such 
foulmouthed  people  as  they  were.  The  queen  got  a  man 
of  great  quality  to  be  sent  over  ambassador  from  Portugal, 
not  knowing  how  much  she  might  stand  in  need  of  such  a 
protection.  He  went  next  day  with  great  state  to  thank 
Scroggs  for  his  behaviour  in  this  trial.  If  he  meant  well  in 
this  compliment  it  was  very  unadvisedly  done,  for  the  chief 
justice  was  exposed  to  much  censure  by  it ;  and  therefore 
some  thought  it  was  a  shew  of  civility  done  on  design  to 

MS.  242.  ruin  him.  |  For  how  well  pleased  soever  the  papists  were 
with  the  success  of  this  trial,  and  with  Scroggs'  manage- 
ment, yet  they  could  not  be  supposed  to  be  so  satisfied  with 
him,  as  to  forgive  his  behaviour  in  the  former  trials,  which 
had  been  very  indecently  partial  and  violent l.  It  was  now 
debated  in  council  whether  the  parliament,  now  prorogued, 
should  be  dissolved  or  not.  The  king  prevailed  on  the 
lords  of  Essex  and  Halifax  to  be  for  a  dissolution,  promis- 
ing to  call  another  parliament  next  winter  2.    Almost  all  the 

in  Justice.    Both  are  extant.     Henry  measures  better  against  their  next 

Sidney    states    in    his    Diary    that  meeting ;  for  he  had  little  hopes  a 

Wakeman's  acquittal  '  is  much  better  new  Parliament  would  differ   much 

for  us  mutineers.'  from  the  last.  But  his  jealousies  of  the 

1  Lingard  relates,  in  his  History  of  king  continued  :  for  in  one  he  says, 
•    England,  xiii.  178  (ed.    1831),  that  '  It  is  strange  his   majesty  has  not 

twenty  four  Roman  Catholic  priests  written  to  me,  neither  in  answer  to 

received  about  this  time  sentence  of  what  I  wrote  by  Graham,  nor  now 

death  for  the  exercise  of  their  func-  upon   breaking   the    Parliament.     I 

tions ;  and  that  after  an  address  had  am   not   used   like  a  brother  nor  a 

been  presented  to  the  king  by  the  friend.     Press  to  have  some  mark  of 

House  of  Commons,  soliciting  their  displeasure  shewn  to  Armstrong;  if 

immediate  execution,  eight  of  them  that  be  not  done,  I  know  what  I  am 

suffered  death  :    of  these,  two  had  to  expect.'     D.     Temple  approved  ; 

passed  their  eightieth  year.     R.       -  see  his  account  of  the  council  meet- 

2  I  find  by  the  duke's  letters  he  ing,  Works,  ii.  511.  So  did  the 
was  pleased  with  the  dissolution,  but  Duchess  of  Portsmouth  and  Sunder- 
not  with  the  so  speedy  calling  of  land,  who  knew  that  an  attack  upon 
another,  which  he  said  was  only  them  was  impending,  and  hoped  for 
two  months'  delay,  and  was  giving  better  things  from  a  new  Parliament, 
them  so  much  time  to  concert  their  The  dissolution  was  in  July.  Shaftes- 


of  King  Charles  II.  233 

new  counsellors  were  against  the  dissolution.     They  said  Chap.  x. 
the    crown  had  never  gained  any  thing   by  dissolving   a     ,. 
parliament  in  anger:    the  same  men  would  probably  be      1679. 
chosen  again,  while  all  that  were  thought  favourable  to  the 
court  would  be  blasted,  and  for  most  part  set  aside.     The 
new  men  thus  chosen  being  fretted  by  a  dissolution,  and 
put  to  the  charge  and  trouble  of  a   new  election,   they  469 
thought  the  next  parliament  would  be  more  uneasy  to  the 
king  than  this  if  continued.     Lord  Essex  and  Halifax,  on 
the  other  hand,  argued  that  since  the  king  was  fixed  in  his 
resolutions  both  with  relation  to  the  exclusion  and  to  the 
lord  Danby's  pardon,  this  parliament  had  engaged  so  far  in 
both  these,  that  they  could  not  think  that  these  would  be 
let  fall :  whereas  a  new  parliament,  though  composed  of  the 
same  members,  not  being  yet  engaged,  might  be  persuaded 
to  take  other  methods 1.     The  king  followed  this  advice, 
which  he  had  directed  himself.     Two  or  three  days  after, 
Halifax  was  made  an  earl,  which  was  called  the  reward  of   July  17, 
his  good  counsel 2.     And  now  the  hatred  between  the  earl      1  79* 
of  Shaftesbury  and  him  broke  out  into  many  violent  and 
indecent  instances.     On  lord  Shaftesbury's  side  more  anger 
appeared,  and   more  contempt  on  lord  Halifax's.      Lord 
Essex  was  a  softer  man,  and  bore  the  censure  of  the  party 
more  mildly.     He  saw  how  he  was  cried  out  on  for  his  last 

bury's  anger  was  again  violently  ex-  H.  Sidney.    Sidney's  Diary,  Aug.  18, 

pressed ;  and,  according  to  Temple  1679.     The  counties  and  great  cor- 

{id.  531),  although  Essex  supported  porations  returned  opponents  of  the 

the   dissolution    he   now   began    to  court,  which,  however,  gained  in  the 

throw  in   his  lot  with   Shaftesbury,  small    boroughs,    and    the    general 

hoping  again  to  be  made  viceroy  of  complexion  of  the   House  was  un- 

Ireland.     Infra  247.     Compare  Fox-  altered ;     though   Algernon    Sidney 

croft's  Life  of  Halifax,  i.  169.  expected  that  the  same  men  would 

1  Of  the  composition  of  the  new  come  '  something  sharpened.'     Let- 

Parlir.ment,  which  did  not  meet  for  ters,  144. 

business  until  Oct.  21,  1680  {infra  2  •  My  Lord  Halifax  is  become  soe 

254),  we  hear,  '  There  is  no  great  great  a  courtier  as  never  is  from  the 

gall  in  the  new  elections  ;  men  in  king's  elbow.'  Hal/on  Correspondence, 

places,  old  parliament  men,  and  even  Sept.   8,    1679.      Foxcroft's   Life  of 

Lord   Danby's  pensioners,   come  in  Halifax,  i.  173-8. 
promiscuously.'      Mr.     Harbord    to 


234  The  History  of  the  Reign 

Chap.  X.  advice,  but  as  he  was  not  apt  to  be  much  heated,  so  all  he 
said  to  me  upon  it  was,  that  he  knew  he  was  on  a  good 
bottom,  and  that  good  intentions  would  discover  themselves 
and  be  justified  by  all,  in  conclusion. 

I  put  now  a  stop  in  the  further  relation  of  affairs  in  Eng- 
land, to  give  an  account  of  what  passed  in  Scotland.  The 
party  against  duke  Lauderdale  had  lost  all  hopes,  seeing 
how  affairs  were  carried  in  the  last  convention  of  estates. 
But  they  began  to  take  heart  upon  this  great  turn  in  Eng- 

March  4,  land.  The  duke  1  was  sent  away,  and  the  lord  Danby  was 
in  the  Tower,  who  were  that  duke's 2  chief  supports  :  and 
when  the  new  council  was  settled,  duke  Hamilton  and  many 
others  were  encouraged  to  come  up  and  accuse  him.  The 
truth  was,  the  king  found  his  memory  failing,  and  so 
resolved  to  let  him  fall  gently,  and  to  bring  all  Scottish 
affairs  into  the  duke  of  Monmouth's  hands.  The  Scottish 
lords  were  desired  not  only  by  the  king  but  by  the  new 
ministers,  to  put  the  heads  of  their  charge  against  him  in 
writing ;  and  the  king  promised  to  hear  lawyers  of  both 
sides,  and  that  the  earls  of  Essex  and  Halifax  should  be 
present  at  the  hearing.  Mackenzie  was  sent  for,  being  the 
king's  advocate,  to  defend  the  administration ;  and  Lock- 
hart  and  Cunningham  were  to  argue  against  it :5.  The  last 
of  these  had  not  indeed  Lockhart's  quickness,  nor  talent  in 
speaking ;  but  he  was  a  learned  and  judicious  man,  and  had 
the  most  universal,  and  indeed  the  most  deserved,  reputa- 
tion for  integrity  and  virtue,  of  any  man  not  only  of  his  own 
470  profession  but  of  the  whole  nation.  The  hearing  came  on 
1679  '  as  was  Promised ;  and  it  was  made  out  beyond  the  possi- 
bility of  an  answer,  that  the  giving  commissions  to  an  army 
to  live  on  free  quarter  in  a  quiet  time  was  against  the  whole 
constitution,  as  well  as  the  express  laws  of  that  kingdom  ; 

1  scil.  of  York.  rebellion.     Lockhart   and  Cunning- 

2  scil.  of  Lauderdale.  ham  had  been  similarly  employed  in 

3  This  is  wrongly  placed.  It  was  1678.  Cf.  supra  146;  Lauderdale 
in  the  week  previous  to  July  16  Papers,  iii.  130.  See  especially 
(Sidney's  Letters,  138),  and  therefore  Sidney's  Letters,  104-107.  Cf.  Ralph, 
subsequent   to   the    Bothwell  Brigg  i.  464,  465. 


of  King  Charles  II.  235 

and  that  it  was  never  done  but  in  an  enemy's  country,  or  to  Chap.  X. 
suppress  a  rebellion.  They  shewed  likewise  how  unjust  and 
illegal  all  the  other  parts  of  his  administration  were.  The 
earls  of  Essex  and  Halifax  told  me  every  thing  was  made 
out  fully ;  Mackenzie  having  nothing  to  shelter  himself  in, 
but  that  flourish  in  the  act  against  field  conventicles  in 
which  they  were  called  the  rendezvous  of  rebellion ;  from 
which  he  inferred  that  the  country  where  these  had  been 
frequent  was  in  a  state  of  rebellion.  Kings  naturally  love 
to  hear  prerogative  magnified,  yet  on  this  occasion  the  king 
had  nothing  to  say  in  defence  of  the  administration  ;  but 
when  May,  the  master  of  the  privy  purse,  asked  him  in  his 
familiar  way  what  he  thought  now  of  his  Lauderdale,  he 
answered,  as  May  himself  told  me,  that  they  had  objected 
many  damned  things  that  he  had  done  against  them,  but 
there  was  nothing  objected  that  was  against  his  service1. 
Such  are  the  notions  that  many  kings  drink  in,  by  which 
they  set  up  an  interest  for  themselves  in  opposition  to 
the  interest  of  the  people :  and  as  soon  as  the  people 
observe  that,  which  they  will  do  sooner  or  later,  then  they 
will  naturally  mind  their  own  interest,  and  set  it  up  as  much 
in  opposition  to  the  prince  :  and  in  this  contest  the  people 
will  grow  always  too  hard  for  the  prince,  unless  he  is  able 
to  subdue  and  govern  them  by  an  army.  The  duke  of 
Monmouth  was  beginning  to  form  a  scheme  |  of  a  ministry :  MS.  243. 
but  now  the  government  in  Scotland  was  so  remiss,  that 
the  people  apprehended  they  might  run  into  all  sort  of  con- 
fusion. They  heard  that  England  was  in  such  distractions 
that  they  needed  fear  no  force  from  thence.  Lauderdale's 
party  was  losing  heart,  and  fearing  a  new  model  there  as 
was  set  up  here  in  England.  All  this  set  those  mad  people 
that  had  run  about  with  the  field  conventicles  into  a  frenzy. 
They  drew  together  in  great  bodies.     Some  parties  of  the 

1  In  Sidney's  Diary,  5  (2  vols.,  (id.  ir) ;  and  Sidney  writes  on  June  27 
1843,  Blencowe),  it  is  stated  that  that,  after  the  Bothwell  Brigg  rebel- 
Charles  supported  Lauderdale  in  the  lion,  he  promised  to  do  so  before 
council.    Temple  urged  his  dismissal  Monmouth  returned  from  Scotland. 


236  The  History  of  the  Reign 

Chap.  X.  troops  came  to  disperse  them,  but  found  them  both  so 
resolute  and  so  strong,  that  they  did  not  think  fit  to  engage 
them:  sometimes  they  fired  on  one  another,  and  some  were 
killed  of  both  sides. 

When  a  party  of  furious  men  were  riding  through  a  moor 
near  St.  Andrews,  they  saw  the  archbishop's  coach  appear. 
He  was  coming  from  a  council  day,  and  was  driving  home  : 
471  and  he  had  sent  some  of  his  servants  home  before  him,  to 
let  them  know  he  was  coming,  and  others  he  had  sent  off 
on  compliments ;  so  that  there  was  no  horsemen  about  the 
coach.  They  seeing  this  concluded,  according  to  their 
frantic  enthusiastic  notions,  that  God  had  now  delivered 
up  their  greatest  enemy  into  their  hands:  seven  of  them 
made  up  to  the  coach,  while  the  rest  were  as  scouts  riding 
all  about  the  moor.  One  of  them  fired  a  pistol  at  him, 
which  burnt  his  coat  and  gown,  but  did  not  go  into  his 
body:  upon  this  they  fancied  he  had  a  magical  secret  to 
secure  him  against  a  shot a ;  and  they  drew  him  out  of 

May  3,  his  coach,  and  murdered  him  b  barbarously,  repeating  their 
strokes  till  they  were  sure  he  was  quite  dead :  and  so  got 
clear  off,  nobody  happening  to  go  cross  the  moor  all  the 
while  l.     This  was  the  dismal  end  of  that  unhappy  man c : 

*  a  line  carefully  struck  out  here  so  as  to  be  illegible. 
b  most  struck  out. 
c  who  certainly  needed  more  time  to  fit  him  to  pass  into  an   unchangeable 
state,  struck  out,  with  another  line  so  deleted  as  to  be  illegible,  in  which 
Burnet  speaks  of '  myself.' 


1  According  to    the    apologetical  attending  ;  for  in  the  above  apology, 

account    of    one    of  the    assassins,  and  in  a  narrative    of  this  murder 

given  in  a  book  called  Memoirs  of  affixed  to  the  life  of  the  archbishop, 

the  Church  of  Scotland,  Lond.  1717,  printed  in  1723,  they  are  expressly 

207,    they   had    resolved   to    kill    a  said  to  have  been  disarmed  by  the 

gentleman,  one  of  their  enemies,  and  ruffians.     They  rifled  the  pockets  of 

had  been  lying  in  ambush  for  that  the  archbishop  and  of  his  daughter, 

purpose,  when  they  were  informed  and  wounded   the  latter  while  she 

of  the    archbishop's   being   on   the  was  clinging  to  her   father.     Such 

road.     But   the  accounts   published  were  the  dreadful  effects  of  fanaticism 

at  the  very  time  report  that  inquiries  irritated   by  persecution,   at  a  time 

had  been  previously  made  by  them  when    the    principles    of    religious 

after    him.       Some    servants    were  liberty  were   little   understood  and 


of  King  Charles  II. 


237 


it  struck  all  people  with  horror,  and  softened  his  enemies  Chap.  X. 
into  some  tenderness  \  so  that  his  memory  was  treated  with 
decency  by  those  who  had  very  little  respect  for  him  during 
his  life. 

A  week  after  that,  there  was  a  great  field  conventicle 
held  within  ten  mile  of  Glasgow :    a  body  of  the  guards 
engaged  with  them,  and  they  made  such  a  vigorous  resist- 
ance, that  the  guards,  having  lost  thirty  of  their  number,    June  r. 
were  forced  to  run  for  it 2.     So  the  conventicle  formed  itself 


less  acted  upon.  R.  Cf.  A  Specimen 
of  the  Bishop  of  Sarurns  Posthumous 
History,  by  Robert  Elliott,  M.A., 
London,  n.  d.,  4.  There  is  a  MS. 
account  of  Sharp's  murder  in  the  Ad 
vocates'  Library,  and  many  original 
documents  upon  it  in  the  University 
Library  of  Edinburgh.  In  the  former 
we  read,  '  He  called  for  mercy  and 
offered  them  money  to  save  his  life ; 
they  answered,  "  his  money  perish 
with  him."  He  besought  them  for 
Christ's  sake  to  save  his  life  ;  they 
said  he  had  showed  no  mercy,  so  he 
should  have  none  shown  him,  and 
immediately  killed  him.  This  end 
had  Bishop  Sharp,  who  did  betray 
the  Church  of  Scotland,  contrary  to 
vowes,  oathes,  and  the  deepest 
judgements  to  the  contrary.'  Cf. 
supra  vol.  i.  165,  197,  198,  217,  218, 
&c.  See  the  opinion  of  him  in 
Sidney's  Letters,  65  :  '  He  having 
been  remarkable  for  outragious 
covetousness,  besides  other  epis- 
copal qualities.'  In  1723  was  pub- 
lished A  True  and  Impartial  Account 
of  the  Life  of  the  most  Reverend  Father 
in  God,  Doctor  James  Sharp. 

1  At  the  time  of  the  archbishop's 
death,  in  order  to  exonerate  the 
Covenanters  from  the  guilt  of  it,  their 
friends  in  England  gave  out,  that  he 
died  by  the  hands  of  his  private  ene- 
mies, whom  he  had  grossly  injured  ; 
amongst  whom,  they  said,  was  his 


steward.  See  Algernon  Sidney's 
Letters  to  Mr.  H,  Savile,  65,  72.  A 
relation  also,  conformable  to  these 
particulars,  is  printed  in  the  first 
volume  of  Cogan's  Collection  of  Tracts, 
385.  And  to  show  how  this  foul 
assassination  has  been  subsequently 
spoken  of  by  the  friends  of  the  foes 
of  the  archbishop,  Cruickshank,  in 
his  History  of  the  Church  of  Scot- 
land, speaks  of  the  death  he  justly 
merited.  I.  iii.  124 ;  cf.  II.  i.  24. 
And  in  the  year  1820,  Mr.  Brown, 
a  professor  of  divinity,  writes  thus  in 
his  History  of  the  British  Church  : 
'  How  far,  in  their  circumstantiated 
case,  it  was  lawful  and  prudent  for 
these  persons  to  take  away  his  life, 
I  leave  to  the  judgment  of  God, 
whose  providence  preserved  all  that 
had  an  active  hand  in  it  from  the 
fury  of  their  murderous  persecutors, 
notwithstanding  all  they  could 
do  to  apprehend  them '  (p.  336). 
Cole,  in  a  MS.  note  on  Burnet's 
History,  observes  that  the  arch- 
bishop's death  was,  according  to 
Burnet  himself,  a  just  judgment  of 
God,  referring  to  what  he  says  of  it 
supra.  142.     R. 

2  ThiswastheskirmishatDrumcIog. 
See  Claverhouse's  account,  Lauder- 
dale Papers,  iii.  164.  The  original  is 
in  the  British  Museum.  'One Captain 
Grimes  [sic]  coming  something  too 
near  them  with  his  troop  and  other 


238  The  History  of  the  Reign 

Chap.  X.  into  a  body,  and  marched  to  Glasgow.  The  person  that 
led  them  had  been  bred  by  me  while  I  lived  at  Glasgow, 
being  the  younger  son  of  Sir  Tho.  Hamilton  that  married 
my  sister,  but  by  a  former  wife:  he  was  then  a  lively, 
hopeful  young  man  :  but  getting  into  that  company  and 
into  their  notions,  he  became  a  crack-brained  enthusiast, 
and  under  the  shew  of  a  hero  was  an  ignominious  coward  *. 
Duke  Lauderdale  and  his  party  published  every  where 
that  this  rebellion  was  headed  by  a  nephew  of  mine,  whom 
I  had  prepared  for  such  work  while  he  was  in  my  hands. 
Their  numbers  were  so  magnified,  that  a  company  or  two 
which  lay  at  Glasgow  retired  in  all  haste,  and  left  the  town 
to  them,  though  they  were  then  not  above  four  or  five 
hundred ;  and  these  were  so  ill  armed,  and  so  ill  com- 
manded, that  a  troop  of  horse  could  have  easily  dispersed 
them.  The  council  at  Edinburgh  sent  the  earl  of  Lin- 
lithgow against  them  with  1,000  foot,  200  horse,  and  200 
dragoons  :  a  force  much  greater  than  was  necessary  for 
making  head  against  such  a  rabble 2.  He  marched  till  he 
came  within  ten  miles  of  them,  and  then  pretended  he  had 
intelligence  that  they  were  above  8,ooo  strong  ;  so  he 
marched  back ;  for  he  said  it  was  the  venturing  the  whole 
472  force  the  king  had  upon  too  great  an  inequality.  He  could 
never  prove  that  he  had  any  such  intelligence  :  some  im- 
puted this  to  his  cowardice :  others  thought  that,  being 
much  engaged  with  duke  Lauderdale,  he  did  this  on  pur- 
pose to  give  them  time  to  increase  their  numbers,  and 
thought  their  madness  would  be  the  best  justification  of 
all  the  violences  that  had  been  committed  in  duke  Lauder- 
dale's administration.  Thus  the  country  was  left  in  their 
hands,  and  if  there  had  been  any  designs  or  preparations 
made  formerly  for  a  rebellion,  now  they  had  time  enough 
to  run  together  and  to  form  themselves :  but  it  appeared 

forces,  was  beaten   back,  with    the  51-107,  iv.  392,  393,  and  especially 

loss    of    his    cornet    and    fourteen  the  note  to  iii.  51. 

troopers.'     Sidney's  Letters,  89.  2  Lauderdale  Papers,  iii.  167-174; 

1  Upon  Robert  Hamilton  (b.  1650,  see  especially  Linlithgow's  own  ac- 

d.  1701),  see  Wodrow  (ed.  1829),  iii.  count,  Sidney's  Letters,  94. 


of  King  Charles  II.  239 

that  there  had  been  no  such  designs  by  this,  that  none  Chap.  x. 
came  into  it  but  those  desperate  intercommoned  men,  who 
were  as  it  were  hunted  from  their  houses  into  all  those 
extravagances  that  men  may  fall  in,  who  wander  about 
inflaming  one  another,  and  are  heated  in  it  with  false 
notions  of  religion.  The  rebels,  having  the  country  left  to 
their  discretion,  fancied  that  their  numbers  would  quickly 
increase:  and  they  set  out  a  sort  of  manifesto,  complaining 
of  the  oppressions  they  lay  under,  and  asserting  the  obliga- 
tion of  the  covenant  :  and  they  concluded  it  with  the  de- 
mand of  a  free  parliament.  When  the  news  of  this  came 
to  court,  duke  Lauderdale  said  it  was  the  effect  of  the 
encouragement  that  they  had  from  the  king's  hearkening 
to  their  complaints  :  whereas  all  indifferent  men  thought  it 
was  rather  to  be  imputed  to  his  insolence  and  tyranny. 
The  king  resolved  to  lose  no  time :  so  he  sent  the  duke  of 
Monmouth  down  post,  with  full  powers  to  command  in 
chief1  :  and  directions  were  sent  to  some  troops  that  lay  in 
the  north  of  England  to  be  ready  to  march  upon  his  orders. 
Duke  Lauderdale  apprehended  that  those  in  arms  would 
presently  submit  to  the  duke  of  Monmouth,  if  there  was 
but  time  given  for  proper  instruments  to  go  among  them, 
and  that  then  they  would  pretend  they  had  been  forced 
into  that  rising  by  the  violence  of  the  government :  so  he 
got  the  king  to  send  positive  orders  after  him  that  he 
should  not  treat  with  them,  but  fall  on  them  |  immediately:  MS.  244. 
yet  he  marched  so  slowly  that  they  had  time  enough  given 
them  to  dispose  them  to  a  submission.  They  fixed  at 
Hamilton,  near  which  there  is  a  bridge  on  Clyde,  which  it 
was  believed  they  intended  to  defend  :  but  they  took  no 
care  of  it.  They  sent  some  to  treat  with  the  duke  of  Mon- 
mouth :  he  answered,  that  if  they  would  submit  to  the 
king's  mercy,  and  lay  down  their  arms,  he  would  interpose 
for  their  pardon,  but  that  he  would  not  treat  with  them  so 
long  as  they  were  in  arms.     Some  were  beginning  to  press  473 

1  This  was  probably  at  the  instance  of  Shaftesbury,  who  wished  to  raise 
Monmouth  in  popular  estimation. 


240  The  History  of  the  Reign 

Chap.  x.  their  rendering  themselves  at  discretion.  They  had  neither 
the  grace  to  submit,  nor  the  sense  to  march  away,  nor  the 
courage  to  fight  it  out:  but  suffered  the  duke  of  Monmouth 
to  make  himself  master  of  the  bridge.  They  were  then 
4,000  men  :  but  few  of  them  were  well  armed.  If  they  had 
charged  those  that  came  first  over  the  bridge,  they  might 
have  had  some  advantage :  but  they  looked  on  like  men 
that  had  lost  both  sense  and  courage,  and  upon  the  first 
charge  they  threw  down  their  arms,  and  run  away.  There 
was  between  two  and  three  hundred  killed,  and   twelve 

June  22,  hundred  taken  prisoners.  The  duke  of  Monmouth  stopped 
the  execution  that  his  men  were  making  as  soon  as  he 
could,  and  saved  the  prisoners x  ;  for  some  moved  that  they 
should  be  all  killed  upon  the  spot.  Yet  this  was  afterwards 
objected  to  him  as  a  neglect  of  the  king's  service,  and  as 
a  courting  the  people.  The  duke  of  York  talked  of  it  in 
that  strain :  and  the  king  himself  said  to  him,  that  if  he 
had  been  there  they  should  not  have  had  the  trouble  of 
prisoners:  he  answered,  he  could  not  kill  men  in  cold 
blood ;  that  was  only  for  butchers.  Duke  Lauderdale's 
creatures  pressed  the  keeping  the  army  some  time  in  that 
country,  on  design  to  have  eat  it  up.  But  the  duke  of 
Monmouth  sent  home  the  militia,  and  put  the  troops  under 
discipline:  so  that  all  that  country  was  sensible  that  he 
had  preserved  them  from  ruin.  The  very  fanatical  party 
confessed  that  he  treated  them  as  gently  as  was  possible, 
considering  their  madness.  He  came  back  to  court  as 
soon  as  he  had  settled  matters,  and  moved  the  king  to 
grant  an  indemnity  for  what  was  past,  and  a  liberty  to  hold 
meetings  under  the  king's  licence  or  connivance  :  he  shewed 
the  king  that  all  this  madness  of  field  conventicles  flowed 
only  from  the  severity  against  those  that  were  held  within 
doors 2.     Duke  Lauderdale   drew   the  indemnity  in  such 

1  On     Monmouth's    humanity    at  2  The  duke,  in  a  letter  from  Edin- 

Bothwell     Brigg,    see     Maidment's  burgh,  says,  '  I  find  the  generality  of 

Scottish  Ballads,  Historical  and  Tra-  the  best  men  here  much  troubled  at 

ditionary,  ii.  293.  the    indulgence    the    duke    of  Mon- 


of  King  Charles  II.  241 

a  manner  that  it  carried  in  some  clauses  a  full  pardon  to  Chap.  XI. 
himself  and  all  his  party ;  but  he  clogged  it  much  with 
relation  to  those  for  whom  it  was  granted.  All  gentlemen, 
preachers,  and  officers  were  excepted  out  of  it,  so  that  the 
favour  of  it  was  much  limited.  Two  of  their  preachers 
were  hanged,  but  the  other  prisoners  were  let  go  upon 
their  signing  a  bond  for  keeping  the  peace.  Two  hundred 
of  them  were  sent  to  Virginia,  but  they  were  all  cast  away 
at  sea.  Thus  ended  this  tumultuary  rebellion,  which  went 
by  the  name  of  Bothwell-bridge,  where  the  action  was. 
The  king  soon  after  sent  down  orders  for  allowing  meeting- 
houses :  but  the  duke  of  Monmouth's  interest  sunk  so  soon 
after  this,  that  these  were  scarce  opened  when  they  were  474 
shut  up  again.  Their  enemies  said  this  looked  like  a 
rewarding  them  for  their  rebellion l. 


CHAPTER    XL 

EXCLUSION.      THE  HABEAS   CORPUS   ACT.      DISSOLUTION 
OF   CHARLES'   LAST   PARLIAMENT. 

An  accident  happened  soon  after  this,  that  put  the  whole 

nation  in  a  fright,  and  produced  very  great  effects.     The 

king  was  taken  ill  at  Windsor  of  an  intermitting  fever  2.   Aug.  22, 

1679. 

mouth  gott  for  the  phanatics  here,  to     him.       Lauderdale    Papers,    iii. 

after  they  had  been  beaten,  and  say  174. 

it  will  encourage  them   to  another  x  '  Surely  these  accidents  will  at 

rebellion.'    D.    '  Captain  Crofts,  who  last  cure  my  master  of  his  infinite 

came  express  from  the  General,  is  passion  for  his  beautiful  paramour  of 

returned    with    a    letter    from    his  Lauderdale,  who  must  certainly  deal 

Majesty,  granting  them  a  conventicle  with  the  Devil  if  after  this  he  can 

in  every  town  in  Scotland,  except  keep  his  station  much  longer  either 

Edinburgh,  Glasgow,    Stirling,   and  in  our  nation  or  his  own.'     Henry 

St.   Andrews ;    but   they  must   not  Savile,  July  5,   1679.     Savile  Corre- 

meet  any  more  in  the  fields.'     Verney  spondence,  105.  The  torture  of  the  boot 

MSS.,  July  3,  1679  ;  H.  M.  C.  Rep.  — so  freely  applied — is  spoken  of  as 

vii.  473.     But,  according  to  Sidney,  of  Lauderdale's  bringing  into  fashion. 

Letters,    144,    Lauderdale    managed  Sidney's  Letters,  121. 

to  make  this  indulgence  nugatory.  2  '  I  believe  there  is  scarce  any- 

See  the  letter  of  the  Scotch  bishops  body,  beyond  Temple  Bar,  that  be- 

VOL.  II.  R 


242 


The  History  of  the  Reign 


Chap.  XL  The  fits  were  so  long  and  so  severe  that  the  physicians 
apprehended  he  was  in  danger  :  upon  which  he  ordered  the 
duke  to  be  sent  for  \  but  very  secretly,  for  it  was  communi- 
cated to  none  but  to  the  earls  of  Sunderland,  Essex,  and 
Sept.  8.  Halifax  2.  The  duke  made  all  possible  haste,  and  came  in 
disguise  through  Calais,  as  the  quicker  passage,  but  the 
danger  was  over  before  he  came.  The  fits  did  not  return 
after  the  king  took  quinkinna,  called  in  England  the  Jesuits' 
powder.  As  he  recovered,  it  was  moved  that  the  duke 
should  be  again  sent  beyond  sea.  He  had  no  mind  to 
it :  but  when  the  king  was  positive  in  it 3,  he  moved  that 
the  duke  of  Monmouth  should  be  put  out  of  all  command, 


lieves  his  distemper  proceeded  from 
anything  but  poison,  though  as  little 
like  it  as  if  he  had  fallen  from  a 
horse.  ...  If  the  Privy  Councillors 
had  not  used  their  authority  to  keep 
the  crowds  out  of  the  king's  chamber, 
he  had  been  smothered,  the  bed- 
chamber men  could  do  nothing  to 
hinder  it.'  Dorothy  Sidney  to 
Henry  Sidney,  September  2,  1679. 
Sacharissa,  219.  It  is  curious  that 
Reresby,  177,  merely  says,  '  The 
king  had  not  been  very  well,  as  was 
pretended.'  Charles  was  ill  again 
in  May,  1680.  Alluding  to  his  re- 
covery, Henry  Sidney  says  in  his 
Diary,  ii.  57,  'I  hope  he  will  con- 
tinue so,  if  he  can  be  kept  from 
fishing  when  a  dog  would  not  be 
abroad.'  The  dread  of  what  might 
happen  at  his  death  is  expressed 
thus  :  '  Good  God  !  what  a  change 
would  such  an  accident  make  !  the 
very  thought  of  it  frights  me  out  of 
my  wits.  God  bless  you,  and  deliver 
us  all  from  that  damnable  curse.'  Id. 
Sept.  11,  1679. 

1  Fountainhall  says  that  this  was 
upon  Lauderdale's  advice  ;  his  object 
being  to  secure,  in  the  duke,  a  sup- 
port against  Monmouth  and  Hamil- 
ton,   who    were    acting    together  : 


supra  234  ;  Hist.  Obs.  74  ;  Foxcroft's 
Halifax,  i.  187. 

2  Sir  William  Temple,  in  his 
Memoirs,  says  that  the  measure  was 
proposed  to  the  king  by  the  Earls  of 
Essex  and  Halifax,  through  fear  of 
the  ill  will  of  the  Duke  of  Monmouth 
and  Lord  Shaftesbury  to  them.  See 
Temple's  Works,  518.  R.  But  see 
previous  note.  The  duke  reached 
Windsor  on  September  2,  and  re- 
turned to  Brussels  on  the  25th. 
Foljambe  Papers,  136-138;  Foxcroft, 
i.  189-191. 

s  James  went  to  Brussels  only 
to  bring  back  his  family :  he  was 
back  in  London  on  Oct.  14.  On  the 
1 6th  Shaftesbury  was  dismissed  the 
council.  Monmouth  went  to  the 
Hague  on  Sept.  24.  Miss  Foxcroft 
ascribes  Monmouth's  downfall  to 
Sunderland's  initiative,  i.  191.  He 
had  been  deprived  of  his  office  of 
captain-general  of  the  forces,  and 
resigned  his  command  of  the  Horse 
Guards.  'As  for  the  generalship, 
nobody  will  have  it  more.  One  of 
the  secretarys,  which  will  be  the 
Earl  of  Sunderland,  is  to  mange  that 
affair  as  M.  de  Louvois  does  in  France.' 
James  to  the  Prince  of  Orange, 
Sept.  12, 1679.    Foljambe  Papers,  138. 


of  King  Charles  II.  243 

and  likewise  sent  beyond  sea.  His a  friends  advised  him  Chap.  xi. 
to  agree  to  this ;  for  he  might  depend  on  it,  that  as  soon  as 
the  parliament  met,  an  address  would  be  made  to  the  king 
for  bringing  him  back,  since  his  being  thus  divested  of  his 
commissions,  and  sent  away  at  the  duke's  desire,  would 
raise  his  interest  in  the  nation. 

At  this  time  the  party  that  begun  to  be  made  for  the 
duke  of  York  were  endeavouring  to  blow  matters  up  into 
a  flame  every  where :  of  which  the  earl  of  Essex  gave  me 
the  following  instance,  by  which  it  was  easy  to  judge  what 
sort  of  intelligence  they  were  apt  to  give,  and  how  they 
were  possessing  the  king  and  his  ministers  with  ill-grounded 
fears  \  He 2  came  once  to  London  on  some  treasury  busi- 
ness the  day  before  a  common  hall  was  to  meet  in  the 
city :  so  the  spies  that  were  employed  to  bring  news  from 
all  corners  came  to  him,  and  assured  him  that  it  was  re- 
solved next  day  to  make  use  of  the  noise  of  that  meeting, 
and  to  seize  on  the  Tower,  and  do  such  other  things  as 
could  be  managed  by  a  popular  fury.  The  advertisements 
came  to  him  from  so  many  hands,  that  he  was  inclined  to 
believe  there  was  somewhat  in  it :  some  pressed  him  to 
send  some  of  the  soldiers  into  the  Tower  and  to  the  other 
parts  of  the  city.  He  would  not  take  the  alarm  so  hot,  but 
sent  to  the  lieutenant  of  the  Tower  to  be  on  his  guard  :  and 
he  ordered  some  companies  to  be  drawn  up  in  Covent 
Garden  |  and  in  Lincoln's  Inn  Fields:  and  he  had  200  men  MS.  245. 
ready,  and  barges  prepared  to  carry  them  to  the  Tower,  if 
there  should  have  been  the  least  shadow  of  a  tumult :  but 
he  would  not  seem  to  fear  a  disorder  too  much,  lest  perhaps  475 
that  might  have  produced  one.  Yet  after  all  the  affright- 
ing stories  that  had  been  brought  him,  the  next  day  passed 
over  very  calmly,  it  not  appearing  by  the  least  circumstance 

a  substituted  for  Monmouth's. 


1  The  prevailing  uneasiness  is  well  dainly  heare  very  surprising  newes, 

illustrated  by  Charles  Hatton;  Hatton  but  what  I  am  unable  to  informe  you 

Correspondence,  Sept.  13,  1679,  i.  194  :  as  yet.' 
'  I  am  very  confident  you  will  sou-  2  Apparently  meaning  the  king. 

R  2 


244  The  History  of  the  Reign 

Chap.  XI.  that  anything  was  designed,  besides  the  business  for  which 

the  common  hall  was  summoned.     He  often  reflected  on 

this  matter.     Those  mercenary  spies  are  very  officious,  that 

they  may  deserve  their  pay,  and  they  shape  their  story  to 

the   tempers   of  those   whom   they   serve :    and   to    such 

creatures,  and  to  their  false  intelligence,  I  imputed  a  great 

deal  of  the  jealousy  that  I  found  the  king  possessed  with. 

Sept.  24,    goth  the  dukes  went  now  beyond   sea :  and  that  enmity 
25,  1679. 

which  was  more  secret  before,  and  was  covered  with  a  court 

civility,  did  now  break  out  open  and  barefaced l.     But  it 

seemed  that  the  duke  of  York  had  prevailed  with  the  king 

not  to  call  the  parliament  that  winter,  in  hope  that  the  heat 

the  nation  was  in  would  with  the  help  of  some  time  grow 

cooler,  and  that  the  party  that  began  now  to  declare  more 

openly  for   the   right   of  succession   would   gain   ground. 

There  was  also  a  pretended  discovery  now  ready  to  break 

out,  which  the  duke  might  be  made  believe  would  carry  off 

the  plot  from  the  papists,  and  cast  it  on  the  contrary  party. 

Dangerfield,  a  subtle  and  dexterous  man,  who  had  gone 

through  all  the  shapes  and  practices  of  roguery,  and  in 

particular  was  a  false  coiner,  undertook  now  to  coin  a  plot 

for  the  ends  of  the  papists  2.     He  was  in  jail  for  debt,  and 

was  in  an  ill  intrigue  with  one  Cellier,  a  popish  midwife, 

who  had  a  great  share  of  wit,  and  was  abandoned  to  lewd- 

1  The  duke  writes,  in  a  letter  from  I  had  said  to  him  upon  that  subject, 
Brussels,  '  I  see  his  majesty  has  been  of  my  reasons  against  it,  and  that 
much  misinformed  as  to  some  things  I  told  him  then,  freely,  he  was  not  to 
concerning  the  duke  of  Monmouth  ;  expect  my  friendship  if  ever  he  pre- 
fer lord  chancellor  Hyde  never  went  tended  to  it,  or  had  it ;  one  cannot 
about  to  put  any  jealousies  into  my  wonder  if  I  was  against  anything  that 
head  of  my  nephew  :  what  he  did  did  increase  his  power  in  military 
about  the  patent  was  only  what  any  affairs,  as  his  being  colonel  of  foot 
man  that  understood  the  law  was  guards  would  have  done,  especially 
obliged  to,  and  I  do  not  remember  when  I  saw  he  used  all  little  arts  by 
he  ever  opened  his  mouth  to  me  of  degrees  to  compass  his  point  of 
it  And  till  he  spake  to  me  himself,  being  general.'  R. 
at  Windsor,  five  or  six  years  ago,  of  2  He  had  many  aliases.  Hatton 
his  having  a  mind  to  be  general,  Correspondence,  199;  Sidney's  Letters, 
I  never  took  anything  ill  of  him,  nor  152,  160. 
grew  jealous  of  him  :  but  after  what 


of  King  Charles  II.  245 

ness 1.  She  got  him  to  be  brought  out  of  prison,  and  carried  Chap.  XL 
him  to  the  countess  of  Powys,  a  zealous  managing  papist. 
He,  after  he  had  laid  matters  with  her,  as  will  afterwards 
appear,  got  into  all  companies,  and  mixed  with  the  hottest 
men  of  the  town,  and  studied  to  engage  others  with  himself 
to  swear,  that  they  had  been  invited  to  accept  of  commis- 
sions ;  and  that  a  new  form  of  government  was  to  be  set 
up,  and  that  the  king  and  the  royal  family  were  to  be 
sent  away.  He  was  carried  with  this  story,  first  to  the 
duke,  and  then  to  the  king ;  and  had  a  weekly  allowance  of 
money,  and  was  very  kindly  used  by  many  of  that  side  ;  so 
that  a  whisper  run  about  the  town,  that  Some  extraordinary 
thing  would  quickly  break  out :  and  he  having  some  corre- 
spondence with  one  colonel  Mansell,  he  made  up  a  bundle 
of  seditious  but  ill  contrived  letters,  and  laid  them  in  a  dark 
corner  of  his  room.  And  then  some  searchers  were  sent 
from  the  Custom  House  to  look  for  some  forbidden  goods, 
which  they  heard  were  in  Mansell's  Chamber :  there  were 
no  goods  found  there,  but  as  it  was  laid,  they  found  that 
bundle  of  letters.  And  upon  that  great  noise  was  made  of 
a  discovery :  but  upon  inquiry  it  appeared  the  letters  were  476 
counterfeited,  and  the  forger  of  them  was  suspected.  So 
they  searched  into  all  Dangerfield's  haunts,  and  in  one  of 
them  they  found  a  paper  that  contained  the  scheme  of  this 
whole  fiction,  which,  because  it  was  found  in  a  meal-tub, 
came  to  be  called  the  Meal-tub  plot.  Dangerfield  was  upon 
that  clapt  up,  and  he  soon  after  confessed  how  the  whole 
matter  was  laid  and  managed :  in  which  it  is  very  probable 
he  mixed  much  of  his  own  invention  with  the  truth,  for  he 
was  a  profligate  impudent  liar  2.  This  was  a  great  disgrace 
to  the  popish  party,  and  the  king  suffered  much  by  the 
countenance  he  had  given  him.  The  earls  of  Essex  and 
Halifax  were  set  down  in  the  scheme  to  be  sworn  against, 

1  She  stood  in  the  pillory,  Sept.  17,  ticular  Narrative  of  the  late  popish 
1680.  See  her  Malice  Defeated,  design  to  charge  those  of  the  Presby- 
London,  fol.  1680;  Letters  of  Lady  terian  Party  with  a  pretended  con- 
Russell,  i.  70.  spiracy,  &c.    Written  by  himself.    Lon- 

2  See  Mr.  Tho.  Dangerfield's  Par-  don,  1679. 


246  The  History  of  the  Reign 

Chap.  xi.  with  the  rest 1.  Upon  this  they  pressed  the  king  vehemently 
to  call  a  parliament  immediately.  But  the  king  thought 
that  if  a  parliament  should  meet  while  all  men's  spirits 
were  sharpened  by  this  new  discovery,  that  he  should  find 
them  in  worse  temper  than  ever.  When  the  king  could  not 
be  prevailed  on  to  that,  lord  Essex  left  the  treasury 2.  The 
king  was  very  uneasy  at  this,  but  lord  Essex  was  firm  in 
Nov.  29,  his  resolution  not  to  meddle  in  that  post  more,  since  a  par- 
79'  liament  was  not  called :  yet,  at  the  king's  earnest  desire, 
he    continued   for    some   time  to    go    to   council.      Lord 

Sept.  13,  Halifax  fell  ill 3,  much  from  a  vexation  of  mind.  His 
spirits  were  oppressed,  a  deep  melancholy  seizing  him.  For 
a  fortnight  together  I  was  once  a  day  with  him,  and  found 
then  that  he  had  deeper  impressions  of  religion  on  him 
than  those  who  knew  the  rest  of  his  life  would  have  thought 
him  capable  of.  Some  foolish  people  gave  out  that  he  was 
mad,  but  I  never  knew  him  so  near  a  state  of  true  wisdom 
as  he  was  at  that  time.  He  was  much  troubled  at  the 
king's  forgetting  his  promise  to  hold  a  parliament  that 
winter,  and  expostulated  severely  upon  it  with  some  that 
were  sent  to  him  from  the  king.  He  was  offered  to  be 
made  secretary  of  state,  but  he  refused  it.     Some  gave  it 

1  But  see  North's  Examen,  256-  £25,000,  and  told  the  king  he  had  often 
271.  This  egregious  villain,  Danger-  promised  not  to  pay  money  on  these 
field,  in  the  next  year,  just  on  the  accounts.'  John Verneyto  Sir R.Ver- 
eve  of  the  bill  of  exclusion's  being  ney,Verney  Papers,  Nov.  27,1679.  Cf. 
brought  up  from  the  Commons  to  supra  no  note.  Others  thought '  the 
the  House  of  Lords,  accused  the  niceness  of  touching  French  money 
Duke  of  York  of  having  proposed  to  to  be  the  reason  that  makes  my  Lord 
him  to  kill  the  king.     R.  Essex  squeasy  stomach  that  it  can  no 

2  This  was  on  Nov.  29,  subsequent  longer  digest  his  employment.'  Col. 
to  Shaftesbury's  dismissal.  Luttrell's  Cooke  to  Ormond,  H.  M.  C.  Rep. 
Diary,  19.  The  king  was  'horribly  vi.  741.  He  was  succeeded  by 
vexed.'  Sidney's  Diary.  For  on  Laurence  Hyde,  who  had  been 
account  of  the  debate  in  council  on  placed  on  the  commission  in  March 
a  question  of  the  meeting  of  Parlia-  26. 

ment,  see  Charles  Hatton's  letter  of  3  This  was  in  the  middle  of  Sep- 

Dec.  18,  1679,  in  the  Hatton  Corre-  tember.     There    is   nothing   in    his 

spondence.     One  explanation  of  the  letters   to   suggest   mental    malady, 

retirement  of  Essex,  and  a  very  prob-  But    see    Temple,    Works,    ii.   517; 

able  one,  was  that '  he  refused  to  pay  Foxcroft,  i.  192. 


of  King  Charles  II.  247 

out  that  he  had  pretended  to  be  lord  lieutenant  of  Ireland,  Chap.  XI. 
and  was  uneasy  when  that  was  denied  him :  but  he  said  to 
me  that  it  was  offered  him,  and  he  had  refused  it.  He  did 
not  love,  he  said,  a  new  scene,  nor  to  dine  with  sound  of 
trumpet  and  thirty-six  dishes  of  meat  on  his  table.  He 
likewise  saw  that  lord  Essex  had  a  mind  to  be  again  there, 
and  he  was  confident  he  was  better  fitted  for  it  than  he 
himself  was.  My  being  much  with  him  at  that  time  was 
reflected  on  :  a  it  was  said  I  had  heightened  his  disaffection  477 
to  the  court*,  and  Hyde,  made  then  a  lord  \  objected  it  to 
me  though  I  was  with  him  only  as  a  divine. 

The  court  went  on  in  their  own  pace.  Lord  Tweeddale 
being  then  at  London  moved  to  the  earl  of  |  Peterborough,  ms.  246. 
that  it  would  be  both  more  honourable  and  more  for  the 
duke's  interest,  instead  of  living  beyond  seafc  to  go  and  live 
in  Scotland.  Lord  Peterborough  went  immediately  with 
it  to  the  king,  who  approved  of  it.  So  notice  was  given  the 
duke  :  and  he  was  appointed  to  meet  the  king  at  New- 
market in  October 2.  Lord  Tweeddale  saw  that  since  the 
duke  of  Monmouth  had  lost  his  credit  with  the  king,  duke 
Lauderdale  would  again  be  continued  in  his  posts,  and  that 
he  would  act  over  his  former  extravagances  :  whereas  he 
reckoned  that  this  would  be  checked  by  the  duke's  going 
to  Scotland,  and  that  the  duke  would  study  to  make  him- 
self acceptable  to  that  nation,  and  bring  things  among  them 
into  order  and  temper.  The  duke  met  the  king  at  New- 
market, as  it  was  ordered :  but  upon  that  the  earl  of 
Shaftesbury,  who  was  yet  president  of  the  council,  though 

a  inserted  on  opposite  page. 


1  Created  Viscount  Hyde  of  Kenil-  Papers.  James  left  England,  where 
worth,  April  23,  1681,  and  earl  of  he  had  been  since  September  9,  at  the 
Rochester  on  Nov.  29  of  the  same  beginning  of  October  at  the  king's 
year.  order.     He  was  back  in  London  on 

2  The  whole  of  this  period  in  the  the  14th.  He  clearly  did  not  then 
struggle  of  James  against  the  oppos-  go  to  Newmarket;  but  he  set  out 
ing  influences  at  court  is  fully  illus-  for  Scotland  by  land  on  Oct.  27, 
trated  by  his  letters  in  the  Dartmouth  reaching  Edinburgh  about  Nov.  24. 
Papers.  See  also  those  in  the  Foljambe  Id.  E39,  140. 


248  The  History  of  the  Reign 

Chap.  XI.  he  had  quite  lost  all  his  interest  in  the  king,  called  a  council 
at  Whitehall,  and  represented  to  them  the  danger  the  king 
was  in  by  the  duke's  being  so  near  him,  and  pressed  the 
council  to  represent  this  to  the  king.  But  they  did  not 
agree  to  it :  and  upon  the  king's  coming  to  London  he  was 
Oct.  15,    turned  out1,  and  lord  Robarts,  made  then  earl  of  Radnor, 

1  79'  was  made  lord  president.  The  duke  went  to  Scotland  soon 
after  2 :  and  upon  that  the  duke  of  Monmouth  grew  im- 
patient, when  he  found  he  was  still  to  be  kept  beyond  sea. 
He  begged  the  king's  leave  to  return  :  but  when  he  saw 
Nov.  28,   no  hope  of  obtaining  it,  he  came  over  without  leave  3.     The 

l679'  king  upon  that  would  not  see  him,  and  required  him  to  go 
back ;  in  which  his  friends  were  divided.  Some  advised 
him  to  comply  with  the  king's  pleasure :  but  he  gave  him- 
self fatally  up  to  the  lord  Shaftesbury's  conduct,  who  put 
him  on  all  the  methods  imaginable  to  make  himself  popular. 
He  went  round  many  parts  of  England,  pretending  it  was 
for  hunting  and  horse  matches,  many  thousands  coming 
together  in  most  places  to  see  him  ;  so  that  this  looked 
like  the  mustering  up  the  force  of  the  party,  but  it  really 
weakened  it :  many  grew  jealous  of  the  design,  and  fancied 
here  was  a  new  civil  war  to  be  raised.  Upon  this  they 
joined  in  with  the  duke's  party.  Lord  Shaftesbury  set  also 
on  foot  petitions  for  a  parliament,  in  order  to  the  securing 
the  king's  person  and  the  protestant  religion.  These  were 
478  carried  about  and  signed  in  many  places,  notwithstanding 
the  king  set  out  a  proclamation  against  them  :  upon  that 
a  set  of  counter-petitions  was  promoted  by  the  court, 
expressing  an  abhorrence  of  all  seditious  practices,  and 
referring  the  time  of  calling  a  parliament  wholly  to  the 

1  Oct.  15.     James  states,  without  Robarts,  cf.  vol.  i.  480. 

giving  his  authority,  that  Shaftesbury  2  The  order  was  on  Oct.  20,  and 

and  his  friends  were  corresponding  at  James  left  on  Oct.  27. 

this  time  with  the  Loevestein  party  in  3  In  November,  amid  extravagant 

Holland.   Id.  140.   A  month  later  the  scenes   of  popular   rejoicing.       See 

king  tried  in  vain  to  induce  him  to  re-  Charles  Hatton's  letter  of  Nov.  29, 

turn  to  office.   On  thei7th,Parliament  1679,  in  the  Hatton  Correspondence. 

was  prorogued  to  Jan.  26,  and  did  Charles  took  away  his  captaincy  of 

not  meet  until  Oct.  21,  1680.     For  the  Guard  and  all  other  offices. 


of  King  Charles  II.  249 

king  1.  There  were  not  such  numbers  that  joined  in  the  Chap.  XI. 
petitions  for  the  parliament  as  had  been  expected  :  so  this 
shewed  rather  the  weakness  than  the  strength  of  the  party : 
and  many  well  meaning  men  began  to  dislike  those  prac- 
tices, and  to  apprehend  that  a  change  of  government  was 
designed. 

Some  made  a  reflection  on  that  whole  method  of  pro- 
ceeding, which  may  deserve  well  to  be  remembered.  In 
the  intervals  of  parliament,  men  that  complain  of  the 
government  do  by  keeping  themselves  in  a  sullen  and  quiet 
state,  and  avoiding  cabals  and  public  assemblies,  grow 
thereby  the  stronger,  and  more  capable  to  make  a  stand 
when  a  parliament  comes.  Whereas  by  their  forming  of 
parties  out  of  parliament,  unless  in  order  to  the  managing 
of  elections,  they  do  both  expose  themselves  to  much 
danger,  and  bring  an  ill  character  on  their  designs  over  the 
nation,  which  naturally  loves  a  parliamentary  cure,  but  is 
jealous  of  all  other  methods. 

The  king  was  now  wholly  in  the  duke's  interest2,  and 
resolved  to  pass  that  winter  without  a  parliament.     Upon 
which  the  lords  Russell  and  Cavendish,  Capel  and  Powle,    Jan.  31, 
four  of  the  new  councillors,  desired  to  be  excused  from  their      l6^' 
attendance  in  council 3.     Several  of  those  who  were  put  in 

1  See  Reresby's  Memoirs,  187,  for  Hyde,  and  Seymour  were  his  chief 
the  first  of  these  '  Abhorrences,'  advocates,  while  Halifax  is  named 
started  without  court  interference.  by  James  himself  as  the  chief  obstacle 
Cf.  infra  262,  and  Christie,  First  to  his  return.  In  Clarke's  Life  of 
Earl  of  Shaftesbury,  ii.  354.  In  De-  James  II,  i.  550,  the  king's  feeling, 
cember  Charles  prorogued  Parlia-  that  '  his  chief  security  lay  in  having 
ment,  which  was  to  have  met  in  a  successor  they  liked  worse  than 
Jan.  i6{-£,  until  April,  1680,  and  himself,'  is  given  as  the  reason  for 
then  by  successive  prorogations  his  steady  adherence  to  James, 
until  Nov.  1680;  a  step  which  3  To  which  Charles  assented  '  with 
caused  consternation  in  the  Oppo-  all  my  heart.'  This  was  on  Jan.  31, 
sition.  As  Ranke  says  (iv.  98),  i6|f,  in  consequence  of  James's  re- 
'  The  power  of  the  prerogative  now  turn  on  Jan.  28.  Luttrell,  33.  Their 
centred  in  the  right  to  summon  retirement  was  carried  out  in  defer- 
Parliament  or  not.'  It  actually  met,  ence  to  the  advice  of  Shaftesbury, 
on  account  of  the  state  of  foreign  whose  letter  is  quoted  in  Christie's 
affairs,  on  Oct.  21.     Id.  101.  Life  of  Shaftesbury,   ii.   357.     Upon 

2  The    Duchess     of    Portsmouth,  Capel,  see  infra,  257. 


250  The  History  of  the  Reign 

Chap.  XI.  the  admiralty  and  in  other  commissions  desired  likewise  to 
be  dismissed.  With  this  the  king  was  so  highly  offended, 
that  he  became  more  sullen  and  intractable  than  he  had 
ever  been  before. 

The  men  that  governed  now  were  the  earl  of  Sunderland, 
lord  Hyde,  and  Godolphin l.  The  last  of  these  was  a 
younger  brother  of  an  ancient  family  in  Cornwall,  that  had 
been  bred  about  the  king  from  a  page,  and  was  now 
considered  as  one  of  the  ablest  men  that  belonged  to  the 
court.  He  was  the  silentest  and  modestest  man  that  was 
perhaps  ever  bred  in  a  court.  He  had  a  clear  apprehension, 
and  despatched  business  with  great  method,  and  with  so 
much  temper  that  he  had  no  personal  enemies:  but  his 
silence  begot  a  jealousy,  which  has  hung  long  upon  him. 
His  notions  were  high  for  the  court :  but  his  incorrupt  and 
sincere  way  of  managing  the  concerns  of  the  treasury 
created  in  all  people  a  very  high  esteem  for  him.  He 
loved  gaming  the  most  of  any  man  of  business  I  ever 
knew 2 ;  and  gave  one  reason  for  it,  because  it  delivered  him 
479  from  the  obligation  to  talk  much.  He  had  true  principles 
of  religion  3  and  virtue,  and  was  free  of  all  vanity,  and  never 

1  Essex  and  Halifax  had  proved  'Twill  turn  all  politics  to  jests, 

incorruptible.     The  latter  had  for  a  To  be  repeated  like  John  Dory, 

time  retired  from  politics,  remaining  When  fiddlers  sing  at  feasts.' 

away  until  the  middle  of  Sept.  1680.  Elliot's  Life  of  Godolphin  is  a  careful 

Supra   246.     The   three   mentioned  and  satisfactory  account  of  the  great 

were  known  as  the  '  Chits.'     Hyde  finance  minister, 

was  absolutely  in  the  duke's  interest.  2  Sunderland  was  equally  addicted 

Sidney's  Diary,  ii.  166.     The  follow-  to  gambling.     His  mother  and  wife 

ing  political  squib,  the  authorship  of  often  lament  his  love  for  '  this  cursed 

which  is  doubtful  (see  Scott's  Dryden,  play.'      Sacharissa,    252  ;     Sidney's 

xv.    273),    gave    them    their    nick-  Diary,  ii.  55.     His  son  inherited  his 

name  : —  vices  and  his  personal  appearance  to  a 

'  Clarendon  had  law  and  sense,  remarkable  degree.     Life  and  Letters 

Clifford  was  fierce  and  brave  ;  of  Charlotte  Elisabeth. 

Bennett's  grave  look  was  a  pre-  s  Sir  Thomas  Dyke  told  me,   in 

tence,  King  James  the  Second's  reign,  Ellis, 

And  Danby's  matchless  impudence  one  of  the  four  popish  bishops,  told 

Helped  to  support  the  knave.  him   that    lord    Godolphin   was    in 

But  Sunderland,  Godolphin,  Lory,  doubts,  and  that  there  were  masses 

These  will  appear  such  chits  in  said  every  day  in  the  king's  chapel 

story,  for   his    conversion;     to   which    he 


of  King  Charles  II. 


251 


pursued   resentments   nor  heaped  up  wealth:   so  that  all  Chap.  xr. 
things  being  laid  together,  he  was  one  of  the  worthiest  and 
wisest  men  that  has  been  employed  in  our  time,  and  has 
had  much  of  the   confidence  of  four  of  our   succeeding 
princes1. 

I  In  the  spring  of  the  year  80  the  duke  had  leave  to  come  MS.  247. 
to  England,  and  continued  about  the  king  till  next  winter,    Oct.  21, 
that  the  parliament 2  was  to  sit.     Foreign  affairs  seemed  to      l68°" 
be  forgot  by  our  court.    The  prince  of  Orange  had  projected 
an   alliance  against  France3:   and    most   of  the    German 
princes  were  much   disposed  to   come   into   it.     For   the 
French  had  set  up  a  new  court  at  Metz,  in  which   many 
princes  were,  under  the  pretence  of  dependencies,  and  some 
old  forgot  or  forged  titles,  judged  to  belong  to  the  new 
French  conquests  4.    This  was  a  mean  as  well  as  a  perfidious 
practice,  in  which  the  court  of  France  raised  much  more 


answered,  '  If  he  is  in  doubt  with 
you,  he  is  out  of  doubt  with  me.' 
D.  The  character  given  by  Burnet 
may  be  compared  with  that  in  Swift's 
History  of  the  Four  Last  Years  of 
Queen  Anne,  18. 

1  King  Charles  gave  him  a  short 
character  when  he  was  page,  which 
he  maintained  to  his  life's  end,  of 
being  never  in  the  way,  nor  out  of 
the  way.  His  great  skill  lay  in  find- 
ing out  what  were  his  prince's  in- 
clinations, which  he  was  very  ready 
to  comply  with ;  but  had  a  very 
morose,  haughty  behaviour  to  every 
body  else,  and  could  disoblige  people 
by  his  looks,  more  than  he  could 
have  done  by  anything  he  could 
have  said  to  them ;  though  his 
answers  were  commonly  very  short 
and  shocking.     D. 

2  In  the  election  to  the  new  Parlia- 
ment the  counties  and  great  corpora- 
tions had  returned  opponents  of  the 
court,  which  however  gained  many 


small  boroughs.  The  general  com- 
plexion of  the  House  was  unaltered, 
but  '  of  a  more  harsh  humour,  the 
same  men  being  something  sharp- 
ened.' Sidney's  Letters,  144.  Par- 
liament met  on  Oct.  ax.     Infra  254. 

8  See  Ralph,  iii.  99,  and  Sidney's 
Diary  for  the  diplomatic  struggle 
between  France  and  England  about 
this,  and  for  the  ultimate  victory  of 
Sidney. 

1  The  Reunions.  '  He  seizes  on 
all  the  villages,  pretending  they  are 
his  right,  and  then  all  the  great 
towns  must  follow.'  Sidney's  Diary, 
ii.  44  ;  see  also  Koch  and  Schoell, 
Histoire  abre'ge'e  des  Traites,  i.  154. 
On  Aug.  17,  1679,  James  writes  from 
Brussels:  'The  French  have  declared 
that  Cheivre  neare  Ath,  with  twenty- 
four  villages  that  depends  upon  it, 
belongs  to  them,  and  have  warned 
them  to  pay  no  more  obedience  to 
this  government.'  Foljambe  Papers, 
i36- 


252  The  History  of  the  Reign 

Chap.  XI.  jealousy  and  hatred  against  themselves  than  could  ever  be 
balanced  by  such  small  accessions  as  were  adjudged  by  that 
mock  court.  The  earl  of  Sunderland  entered  in  a  particular 
confidence  with  the  prince  of  Orange,  which  he  managed  by 
his  uncle  Sidney  \  who  was  sent  envoy  to  Holland.  The 
prince  seemed  confident  that  if  England  would  come 
heartily  into  it,  a  strong  confederacy  might  then  have 
been  formed  against  France.  Van  Beuning  2  was  then  in 
England :  and  he  wrote  to  Amsterdam  that  they  could  not 
depend  on  the  faith  or  assistance  of  England.  He  assured 
them  the  court  was  still  in  the  French  interest.  He  also 
looked  on  the  jealousy  between  the  court  and  the  country 
party  as  then  so  high,  that  he  did  not  believe  it  possible  to 
heal  matters  so  well  as  to  encourage  the  king  to  enter  into 
any  alliance  that  might  draw  on  a  war:  for  the  king 
seemed  to  set  that  up  for  a  maxim,  that  his  going  into 
a  war  was  the  putting  himself  into  the  hands  of  his  parlia- 
ment :  and  was  firmly  resolved  against  it.  Yet  the  project 
of  a  league  was  formed  ;  and  the  king  seemed  inclined  to 
go  into  it,  as  soon  as  matters  could  be  well  adjusted  at 
home  3. 

There  was  this  year  at  Midsummer  a  new  practice  begun 
in  the  city  of  London,  that  produced  very  ill  consequences  4. 

1  scil.  Henry  Sidney,  afterwards  i6J|,  and  H.  M.  C.  Rep.  ii.  19 ;  Fer- 
Secretary  of  State,  Lord  Lieutenant  guson  the  Plotter,  117.  In  May  the 
of  Ireland,  and  Earl  of  Romney.  For  king  was  seriously  ill.  On  June  26, 
much  of  interest  regarding  him,  see  Shaftesbury  went  to  Westminster 
Sacharissa.  His  Diary,  edited  by  Hall  with  fourteen  peers  and  com- 
Blencowe,  2  vols.,  1843,  already  moners  to  present  an  indictment  of 
frequently  quoted,  is  to  be  regarded  James  as  a  popish  recusant ;  but  this 
as  one  of  the  leading  authorities  from  was  evaded  by  Chief  Justice  Scroggs, 
1679  to  the  middle  of  1681.  who    discharged     the    grand    jury. 

2  Cf.  vol.  i.  588.  James  took  the  matter  coolly.     '  His 

3  The  Black  Box  episode  (Ralph,  Highness  smiles,  dances,  makes  love, 
i.  498)  occurred  now,  March,  i6£$,  and  hunts.'  Lady  Sunderland  to 
resulting  in  April  in  Charles's  de-  Halifax,  Sacharissa,  276. 
claration,  printed  on  June  8,  and  4  As  late  as  March,  i6^f,  the 
answered  by  Ferguson's  '  Letter  to  king  and  the  city  were  on  the  best 
a  Person  of  Honour,'  that  he  had  terms.  At  the  feast  given  to  him  by 
never  been  married  to  Monmouth's  the  Common  Council,  '  The  Lady 
mother.      See  Luttrell  for  Jan.   13,  Mayoress  sat  next  to  the  king,  all 


of  King  Charles  II.  253 

The  city  of  London  has  by  charter  the  schrievalry  of  Chap.  XI. 
Middlesex  as  well  as  of  the  city :  and  the  two  sheriffs  were 
to  be  chosen  on  Midsummer  day.  But  the  common  method 
had  been  for  the  lord  mayor  to  name  one  of  the  sheriffs  by 
drinking  to  him  on  a  public  occasion:  and  that  nomination 
was  commonly  confirmed  by  the  common  hall :  and  then  480 
they  named  the  other  sheriff.  The  truth  was,  the  way  in 
which  the  sheriffs  lived  made  it  a  charge  of  about  5000/.  a 
year :  so  they  took  little  care  about  it,  but  only  to  find  men 
that  could  bear  the  charge,  which  recommended  them  to 
be  chosen  aldermen  upon  the  next  vacancy,  and  to  rise 
up  according  to  their  standing  to  the  mayoralty,  which 
generally  went  in  course  to  the  senior  alderman  ;  and  when 
a  person  was  set  up  to  be  sheriff  that  would  not  serve,  he 
compounded  the  matter  for  400/.  fine.  All  juries  were 
returned  by  the  sheriffs,  but  they  commonly  left  that 
wholly  in  the  hands  of  their  undersherififs.  So  it  was  now 
pretended  that  it  was  necessary  to  look  a  little  more  care- 
fully after  this  matter.  The  undersherififs  were  generally 
attorneys,  and  so  might  be  easily  brought  under  the 
management  of  the  court :  so  it  was  proposed  that  the 
sheriffs  should  be  chosen  with  more  care,  not  so  much  that 
they  might  keep  good  tables,  as  that  they  should  return 
good  juries.  The  person  to  whom  the  present  mayor  had 
drunk  was  set  aside:  and  Bethel  l  and  Cornish  were  chosen 

over   scarlet    and    ermine    and    half  Absalom  and  Achitophel  as'  Shimei.' 

over     diamonds.       The     Aldermen  In    1682   he    fled   to   Hamburg,  and 

drank    the    king's    health    over   and  lived  there  until  the  Revolution.    He 

over  upon  their  knees,  and  wished  died  in   1692.     Bethel  was  a  close 

all  hanged  and  damned  that  would  friend  of  Algernon  Sidney.     Sacha- 

not  serve  him   with  their  lives  and  rissa,  278,  232.     Charles  refused  to 

fortunes.'    Sidney's  Diary,  March  12,  knight  Bethel  and   Cornish,  as  was 

i6|f  ;  Sacharissa,  245.  usual,  or  even  to  see  them.     Charles 

1  Slingsby   Bethel,  a   member   of  Hatton    to    Lord     Hatton,    Hatton 

the    company    of    Leather    Sellers.  Correspondence,     Oct.     12.      Accord- 

'  He  kept  no  house,  but  lived  upon  ing  to   Lady    Sunderland,   the  Lord 

chops ;     whence    it     is    proverbial,  Mayor  on  this  occasion  '  played  the 

for  not  feasting,  to  Bethel  the  city.'  devil,'  though  in  what  particular  is 

Examen,  93.  See  Ludlow's  Memoirs,  not  explained, 
ii.  251,  ed.  1894.     He  is  satirized  in 


254  The  History  of  the  Reign 

Chap.  XL  sheriffs  for  the  ensuing  year.  Bethel  was  a  man  of  know- 
ledge,  and  had  writ  a  very  judicious  book  of  the  interests  of 
princes  x  :  but  as  he  was  a  known  republican  in  principle,  so 
he  was  a  sullen  and  wilful  man,  and  run  the  way  of  a 
sheriffs  living  into  the  extreme  of  sordidness,  which  was 
very  unacceptable  to  the  body  of  the  citizens,  and  proved 
a  great  prejudice  to  the  party.  Cornish,  the  other  sheriff, 
was  a  plain,  warm,  honest  man,  and  lived  very  nobly  all  his 
year.  The  court  was  very  jealous  of  this,  and  understood 
it  to  be  done  on  design  to  pack  juries,  so  that  the  party 
should  be  always  safe,  whatever  they  might  engage  in,  and 
it  was  said  that  the  king  would  not  have  common  justice 
done  him  hereafter  against  any  of  them,  how  guilty  soever. 
The  setting  up  Bethel  gave  a  great  colour  to  this  jealousy; 
for  it  was  said  he  had  expressed  his  approving  the  late 
king's  death  in  very  indecent  terms.  These  two  persons 
had  never  before  received  the  sacrament  in  the  church, 
being  independents,  but  they  did  it  now  to  qualify  them- 
selves for  this  office,  which  gave  great  advantages  against 
the  whole  party :  it  was  said  that  the  serving  an  end  was 
a  good  resolver  of  all  cases  of  conscience,  and  purged  all 
scruples. 

Thus  matters  went  on  till  the  winter  80,  in  which  the 

Oct.  31,    king  resolved  to  hold  a  session  of  parliament.     He  sent  the 

duke  to  Scotland  a  few  days  before  their  meeting 2 :  and 

481  upon  that  the  duchess  of  Portsmouth  declared  openly  for 

the  exclusion 3,  and  so  did  lord  Sunderland  and  Godolphin. 

1  The  Interests  of  Princes  and  States.  endeavouring  to  persuade  James  to 
Lond.  1680.  8vo.  anonymous.     R.  declare  himself  a  Protestant. 

2  He  left  on  Oct.  20,  and  arrived  3  Fear  of  attack  by  the  Commons, 
at  Kirkcaldy  oh  the  26th.  It  was  and  annoyance  at  the  coolness  of  the 
on  the  occasion  of  his  reaching  Duchess  of  York,  had  worked  her 
Edinburgh  that  the  cracking  of  Mons  conversion.  Clarke,  Life  of  James  II, 
Meg — when  a  salute  was  being  fired  i.  591.  James  complains  bitterly  of 
— caused  so  much  national  anger  the 'dog-trick 'which  she — in  alliance 
against  England.  The  gun  had  been  with  Monmouth  and  Shaftesbury — 
loaded  by  an  Englishman.  Fountain-  has  played  him  ;  he  has  hopes,  how- 
hall,  Hist.  Obs.  5.  Fountainhall  states  ever,  since  Mrs.  Wall,  the  duchess's 
further  that  the  Privy  Council  had  servant,  is  his  friend,  as  she  was 
sat  two  days  without  intermission  equally   the    friend    of    Monmouth. 


of  King  Charles  II. 


255 


Lord  Sunderland  assured  all  people  that  the  king  was  |  re-  Chap.  XI. 
solved  to  settle  matters  with  his  parliament  on  any  terms  Ms  248 
since  the  interest  of  England  and  the  affairs  of  Europe 
made  a  league  against  France  indispensably  necessary  at 
that  time,  which  could  not  be  done  without  a  good  under- 
standing at  home.  Lord  Sunderland  sent  the  earl  of 
Arran  x  for  me  :  I  declined  this  new  acquaintance  as  much 
as  I  could,  but  it  could  not  be  avoided :  he  seemed  then 
very  zealous  for  a  happy  settlement :  and  this  I  owe  him  in 
justice,  that  though  he  went  off  from  the  measures  he  was 
in  at  that  time,  yet  he  still  continued  personally  kind  to  my 
self.  Now  the  great  point  was,  whether  the  limitations 
should  be  accepted  and  treated  about,  or  the  exclusion  be 
pursued.     Lord  Halifax  assured  me  that  any  limitations 


Sidney's  Diary,  i.  190 ;  Dartmouth 
Papers,  Nov.  22,  1680.  See  Salmon's 
Examination,  857,  upon  this  episode. 
The  '  mutineers '  is  the  term  now 
applied  to  the  exclusion  faction 
at  court.  Shaftesbury,  Monmouth, 
Russell,  Cavendish,  and  Nell  Gwyn 
were  in  close  alliance,  changing  their 
place  of  meeting  nightly  to  secure 
privacy,  and  Essex  was  '  a  constant 
councillor.'  Sacharissa,  282,  283  ; 
Reresby's  Memoirs,  182.  Sunderland 
and  Sidney  did  all  they  could  to  secure 
Halifax  (Sacharissa,  273  ;  Sidney's 
Diary,  ii.  75),  while  Lawrence  Hyde 
as  actively  espoused  the  cause  of 
James.  Sunderland  was  in  close 
alliance  with  the  Duchess  of  Ports- 
mouth, though  his  mother  wrote 
in  March,  i6f$,  'Walter  told  me 
with  a  great  oath  that  my  son  was 
sick  of  the  Duchess  of  Portsmouth, 
and  would  be  glad  with  all  his  heart 
to  be  rid  of  her,  and  that  she  does 
now  make  more  court  to  him  and  his 
wife  than  they  do  to  her.'  Sunder- 
land's  wife    hated    her  with    good 

reason ;  '  D d  jade,'  is  the  best 

term  she  can  find  for  her.  Forneron, 


Louise  de  Keroualle,  177;  Sidney's 
Diary,  Jan.  8,  i6|#.  Sunderland's 
attempt  to  bring  about  an  under- 
standing between  her  and  Wil- 
liam was  frustrated  by  his  refusal 
to  write  to  her.  Id.,  Sept.  2,  1679. 
Lauderdale,  though  '  mightily  in  with 
the  Duke'  {id.),  was  no  longer  Se- 
cretary for  Scotland,  or  powerful. 
He  resigned  in  Nov.,  1680,  after  a 
stroke  of  apoplexy. 

1  Cf.  supra  299.  James  Douglas, 
Earl  of  Arran  (1658-1712),  fourth 
Duke  of  Hamilton,  was  the  eldest 
son  of  the  Earl  of  Selkirk,  who 
became  Duke  of  Hamilton  by  his 
marriage  in  1643  with  the  Duchess  of 
Hamilton  in  her  own  right  (vol. 
i.  137),  and  died  in  1694.  He  was 
appointed  Gentleman  of  the  Bed- 
chamber in  1679;  was  Ambassador 
Extraordinary  to  Louis  XIV  in  1683  ! 
was  himself  created  Duke  of  Hamilton 
at  his  mother's  request  in  1698; 
opposed  the  union  with  England  ; 
was  killed  in  a  duel  with  Lord 
Mohun  Nov.  14,  1712.  He  was  the 
Duke  of  Hamilton  of  '  Esmond.' 


256  The  History  of  the  Reign 

Chap.  xi.  whatsoever  that  should  leave  the  title  of  king  to  the  duke, 
though  it  should  be  little  more  than  a  mere  title,  might  be 
obtained  of  the  king :  but  that  he  was  positive  and  fixed 
against  the  exclusion 1.  It  is  true  this  was  in  a  great 
measure  imputed  to  his  own  management,  and  that  he  had 
wrought  the  king  up  to  it. 

The  most  specious  handle  for  recommending  the  limita- 
tions was  this.  The  duke  declared  openly  against  them  : 
so  if  the  king  should  have  agreed  to  them,  it  must  have 
occasioned  a  breach  between  him  and  the  duke,  and  it 
seemed  to  be  very  desirable  to  have  them  once  fall  out ; 
since,  as  soon  as  that  was  brought  about,  the  king  of  his 
own  accord  and  for  his  own  security  might  be  moved  to 
promote  the  exclusion.  The  truth  is,  lord  Halifax's  2  hatred 
of  the  earl  of  Shaftesbury,  and  his  vanity  in  desiring  to 
have  his  own  notion  preferred,  sharpened  him  at  that  time 
to  much  indecency  and  fury  in  his  whole  deportment.  But 
the  party  depended  on  the  hopes  that  lady  Portsmouth  and 
lord  Sunderland  gave  them.    I  got  many  meetings  appointed 

1  For  the  letters  of  Burnet  to  command  your  armies  and  navies, 
Halifax  see  Foxcroft,  i.  208  ».  See  make  your  bishops  and  judges.  Sup- 
also  id.  224,  236.  pose  there  were  a  lion  in  the  lobby, 

a  Halifax  now  returned  to  public  one  cries,  "  Shut  the  door  and  keep 
life  (supra  246)  ;  his  reputation  for  him  out.  No,  says  another ;  open 
judicial  temper  is  illustrated  by  Lady  the  door,  and  let  us  chaine  him  when 
Russell's  words,  '  The  town  says  he  he  comes  in.'"  Beaufort  MSS., 
is  to  hear  all  sides  and  then  choose  H.  M.  C.  Rep.  xii,  App.  ix.  Sunder- 
wisely.'  Foxcroft,  Life  of  Halifax,  land's  wife  speaks  of  'those  very 
ii.  236-241,  245.  He  offered  the  ex-  idle  things  called  expedients.'  Sir 
pedient  of  banishing  the  duke  for  five  William  Jones  was  still  more  severe, 
years,  Shaftesbury  that  of  a  divorce,  'Expedients  in  politics  are  like 
Essex  a  third,  for  an  association  of  mountebank's  tricks  in  physic'  Titus 
the  nobility  in  defence  of  Protes-  moved  on  Nov.  2,  and  Russell 
tantism.  All  three  were  handed  to  a  seconded,  the  appointment  of  a  com- 
committee  for  possible  co-ordination.  mittee  to  draw  up  the  bill,  which 
Sidney's  Diary,  Nov.  16,  1680.  Col.  was  read  the  first  time  on  Nov.  4, 
Titus,  on  Jan.  7,  put  the  question  as  the  second  time  on  the  6th,  reported 
between  exclusion  and  expedients  on  the  8th,  passed  third  reading  on 
very  pithily:  'You  shall  have  the  the  nth,  and  went  to  the  Lords  on 
Protestant  religion,  you  shall  have  the  15th,  who  threw  it  out  on  the 
what  you  will  to  protect  you,  but  you  1 7th. 
must  have  a  Popish  King  who  shall 


of  King  Charles  II.  257 

between  lord  Halifax  and  some  leading  men ;  a  in  which  as  Chap.  XI. 

he  tried  to  divert  them  from  the  exclusion,  so  they  studied 

to  persuade  him  to  it,  both  without  effect a.     The  majority 

had  engaged  themselves  to  promote  the  exclusion.     Lord 

Russell  moved  it  first  in  the  house  of  commons  \  and  was    Oct.  26. 

seconded   by  Capel 2,  Montagu,  and  Winnington.     Jones    Nov.  2. 

came  into  the  house  a  few  days  after  this,  and  went  with 

great  zeal  into  it.     Jenkins  3,  now  made  secretary  of  state  April  26, 

in  Coventry's  place,  was  the  chief  manager  for  the  court.      l 

He  was  a  man  of  an    exemplary   life,   and    considerably 

learned,  but  he  was  dull  and  slow.     He  was  suspected  of  482 

leaning  to  popery,  though  very  unjustly :  but  he  was  set  on 

every  punctilio  of  the  church  of  England  to  superstition, 

and  was  a  great  assertor  of  the  divine  right  of  monarchy  4 

and  b  for  carrying  the  prerogative  high.     He  neither  spoke 

nor  writ  well  :  but  being  so  eminent  for  the  most  courtly 

qualifications,  other  matters  were  the  more  easily  dispensed 

with.   All  his  speeches  and  arguments  against  the  exclusion 

were  heard  with  indignation  :  so  the  bill  was  brought  into 

the  house5.     It  was  moved  by  those  who  opposed  it  that  Nov.  4-11, 

i6bo. 
■  added  on  opposite  page.  b  was  struck  out. 


1  Parliament  met  Oct.  21  ;  on  the  *  See    especially   his    speech    of 

26th,  Russell  first  raised  the  question  Nov.  4,   1680,  Pari.  Hist.   iv.   1190, 

of  a  papist  succession.     Sacheverell  and     Booth's     reply,     1195.       The 

had  hinted  openly  at  it  as  early  as  opposing  view  that  '  he  who  has  the 

Nov.    4,     1678.     Sitwell,    The  First  worst  title  makes  the  best  king '  was 

Whig,  63.  expressed  at  this  time  in  An  Appeal 

s  scil.  Sir  Henry  Capel,  brother  of  from  the  Country  to   the   City,  pub- 

the   Earl  of  Essex ;    created  Baron  lished  by  Harris. 
Capel  of  Tewkesbury.     Supra  249.  5  The  proposal  to  bring  in  the  bill 

Upon  Winnington, see  supra  183, 208.  was  carried  Nov.  4  with  three  dissen- 

3  Lionel  Jenkins,  made  Secretary  tients,  Seymour,  Hyde,  and  Jenkins 

of  State  on  April  26,  1680,  was  little  (Fountainhall,  Hist.  Obs.  9) ;  the  bill 

more  than  a  useful  officialdrudge.  See  itself  with    one.      Seymour    spoke 

infra  435.  Hewassonofayeoman  in  with  great  ability  against  it,  repro- 

Glamorganshire,  and  was  educated  ducing  Bristol's  old  argument,   '  Is 

at  Jesus  College,  Oxford,  of  which  he  there  not  a  possibility  of  being  of  the 

became  Principal  after  the  Restora-  Church,   and   not   of  the   court,   of 

tion.     Sidney's  Diary,  303  note;    see  Rome? '     Cf.  vol.  i.  183  note. 
Wynne's  Life,  2  vols.  fol.  1724. 

VOL.  II.  S 


258  The  History  of  the  Reign 

Chap.  xi.  the  duke's  daughters  might  be  named  in  it,  as  the  next  in 
the  succession :  but  it  was  said  that  was  not  necessary,  for 
since  the  duke  was  only  personally  disabled,  as  if  he  had 
been  actually  dead,  that  carried  over  the  succession  to  his 
daughters  :  yet  this  gave  a  jealousy,  as  if  it  was  intended  to 
keep  that  matter  still  undetermined,  and  that  upon  another 
occasion  it  might  be  pretended  that  the  disabling  the  duke 
to  succeed  did  likewise  disable  him  to  derive  that  right  to 
others  which  was  thus  cut  off  in  himself.  But  though  they 
would  not  name  the  duke's  daughters,  yet  they  sent  such 
assurances  to  the  prince  of  Orange  that  nothing  then 
proposed  could  be  to  his  prejudice,  that  he  believed  them, 
and  declared  his  desire  that  the  king  would  fully  satisfy  his 
parliament:  the  States  sent  over  memorials  to  the  king, 
pressing  him  to  consent  to  the  exclusion  1.  The  prince  did 
not  openly  appear  in  this :  but  it  being  managed  by 
Fagel  2,  it  was  understood  that  he  approved  of  it ;  and  this 
created  a  hatred  in  the  duke  to  him,  which  was  never  to  be 
reconciled  a.  Lord  Sunderland,  by  Sidney's  means,  engaged 
the  States  into  it :  and  he  fancied  that  it  might  have  some 
effect 3.     The  bill  of  exclusion  was  quickly  brought  up  to 

Nov- *5»   the  lords.    The  earls  of  Essex  and  Shaftesbury  argued  most 
for  it,  and  the  earl  of  Halifax  was  the  champion  on  the 

*  :  so  it  was  much  censured  as  indecent  and  as  too  aspiring  in  hint,  struck  out. 


1  William  himself  wrote  to  Jenkins  author  is  perhaps  right  in  his  account 
that  he  was  '  vexed  to  learn  the  of  it.  See  Temple's  Works,  542. 
animosity  against  the  Duke.  God  Dr.  Lingard  says  that  the  '  tone  of 
bless  him,  and  grant  that  the  King  this  instrument  was  offensive  to  the 
and  his  Parliament  may  agree.'  The  feelings  and  injurious  to  the  character 
States,  on  the  other  hand,  regarded  of  the  king.  He  complained  of  it  in 
themselves  as  '  lost  and  ruined.'  strong  and  resentful  language  to  the 
William  urged  Charles  to  consent  to  States,  by  whom  it  was  immediately 
no  limitations  on  the  prerogative,  as  disowned  ;  and  Charles,  after  some 
they  would  never  be  removed.  investigation,  believed  that  he  had 

2  For  Fagel,  see  vol.  i.  585  note,  traced  it  to  its  real  authors,  Sunder- 
and  supra  64.  land   and   Sidney  on   the  one  part, 

3  Although  Sir  William  Temple  in  and  the  prince  and  Fagel  the  pen- 
his  Memoirs  expresses  a  contrary  sionary  on  the  other.'  Hist,  of  Eng. 
opinion  respecting  Lord  Sunderland's  xiii.  252.     R. 

concern   in   this   memorial,  yet  our 


of  King  Charles  II. 


259 


other  side.  He  gained  great  honour  in  the  debate,  and  had  Chap.  XI. 
a  visible  superiority  to  lord  Shaftesbury  in  the  opinion  of 
the  whole  house  :  and  that  was  to  him  triumph  enough 1. 
In  conclusion,  the  bill  was  thrown  out  upon  the  first 
reading.  The  country  party  brought  it  nearer  an  equality  2 
than  was  imagined  they  could  do,  considering  the  king's 
earnestness  in  it,  and  that  the  whole  bench  of  the  bishops 
was  against  it 3.     The  commons  were  inflamed  when  they 


1  Halifax's  desire  was  probably  to 
secure  a  compromise  in  William's 
interest.  See  Lord  Peterborough's 
opinion  of  this  speech  quoted  by 
Macaulay  from  '  Succinct  Genealo- 
gies,' Hist.  i.  204.  Foxcroft,  Life  of 
Halifax,  i.  246-249 ;  vol.  i.  of  the  pre- 
sent work,  30,  note.  In  recognizing 
the  efforts  of  Halifax,  James  com- 
ments severely  upon  his  action  next 
day  in  moving  that  the  duke  be 
banished  for  five  years.  Infra  265  ; 
Dartmouth  Papers,  H.  M.  C.  Rep.  xi, 
App.  v.  54.  Macpherson,  Original 
Papers,  i.  108.  A  resolution  to  invite 
William  over  had  been  come  to  in 
October.  Sidney's  Diary,  ii.  119. 
He  however  refused,  upon  which  the 
Countess  of  Sutherland  comments 
thus :  '  If  there  is  nothing  to  fix  on, 
'tis  certain  the  Duke  of  Monmouth 
must  be  King ;  and  if  the  Prince 
thinks  it  not  worth  going  over  a 
threshold  for  a  kingdom,  I  know  not 
why  he  should  expect  anybody 
should  for  him.'  Id.  122.  'The  king,' 
she  adds,  '  acts  as  if  he  were  mad.' 

2  63  to  30. 

'  Except  three.  See  Echard.  The 
three,  it  has  been  said,  were  Comp- 
ton,  Pearson,  and  Lamplugh.  qu.  the 
Journal  of  the  Lords  as  to  those  three 
bishops  being  that  day  in  the  House. 
They  were  of  London,  Chester,  and 
Exeter.  O.  The  Bishop  of  Chester, 
at  that  time  the  most  learned  Dr. 
Pearson,  is  not  in  the  number  of 
those  who  were  present  or  voted  on 


this  occasion.  Neither  does  it  appear 
from  the  Journal  of  the  House  of 
Lords,  who  voted  on  one  side,  or 
who  on  the  other,  when  the  bill  was 
rejected.  But  Chandler,  in  his  His- 
tory and  Proceedings,  reports,  as  well 
as  Echard,  that  the  contents  for  its 
rejection  were  63 :  and  the  not  con- 
tents 30,  the  bishops  being  all  for 
rejecting  it  except  three.  It  is  now 
however  practicable  to  correct  the 
above  statement,  which  is  admitted 
into  general  history,  that  three  of  the 
bishops  voted  for  the  exclusion  of 
the  Duke  of  York ;  a  list  of  those 
peers  who  voted  for  the  bill  of  exclu- 
sion having  been  lately  found  by  the 
head  librarian  of  the  Bodleian  library, 
Dr.  Bandinel,  among  the  Ormonde 
papers  bequeathed  to  the  library  by 
Carte  the  historian.  They  are  all 
temporal  peers,  thirty  in  number, 
and  to  the  list  of  their  names  this 
note  is  subjoined :  '  Thus  all  the 
fourteen  bishops,  and  forty-nine 
temporal  peers  (63  in  the  whole), 
voted  for  its  being  rejected.'  So 
MS.  Carte  J.  J.  J.  But,  as  Chandler 
above  cited  asserts,  that  'upon  the 
first  reading  of  the  bill,  it  was  carried 
in  the  affirmative  that  it  should  be 
committed  by  two  voices  only,'  it  is 
probable  that  three  of  the  bishops 
were  for  its  committal ;  which  gave 
rise  to  the  other  report.  That  Bishop 
Pearson  ever  voted  for  this  bill  was 
always  highly  improbable.  The 
conduct  indeed  of  the  Duke  of  York 


S  2 


260 


The  History  of  the  Reign 


Chap.  XI.  saw  the  fate  of  their  bill.  They  voted  an  address  to  the 
Nov~22  king  to  remove  lord  Halifax  from  his  councils  and  presence 
for  ever x :  which  was  an  unparliamentary  thing,  since  it  was 
visible  that  it  was  for  his  arguing  as  he  did  in  the  house  of 
483  lords,  though  they  pretended  it  was  for  his  advising  the 
dissolution  of  the  last  parliament  :  but  that  was  a  thin 
disguise  of  their  anger:  yet  without  destroying  the  freedom 
of  debate,  they  could  not  found  their  address  on  that  which 
was  the  true  cause  of  it.  Russell  and  Jones,  though 
formerly  lord  Halifax's  friends,  thought  it  was  enough  not 
to  speak  against  him  in  the  house  of  commons,  but  they  sat 
silent.  Some  called  him  a  papist :  others  said  he  was  an 
atheist.  Chichely2,  that  had  married  his  mother,  moved 
that   I  might  be  sent  for,  to  satisfy  the  house  as  to  the 

MS.  249.  truth  of  his  religion.  I  wish  I  could  |  have  said  as  much  to 
have  persuaded  them  that  he  was  a  good  Christian  as  that 
he  was  no  papist.     I  was  at  that   time  in   a  very  good 


after  his  accession  to  the  throne, 
when  he  abused  the  royal  preroga- 
tive to  the  subversion  of  the  legally 
established  religion,  afforded  a  tri- 
umph to  the  Exclusionists ;  but  Pear- 
son would  never  have  consented  to 
set  aside  the  next  heir  of  an 
hereditary  monarchy,  and  to  ruin  an 
individual,  on  account  of  that  reli- 
gion, which  he  had  protested  should 
be  a  matter  solely  between  God  and 
his  own  soul.  The  intrigues  with 
France  were  at  that  time  either  not 
credited,  or  at  least  the  professed 
object  of  them  known  to  few ;  al- 
though it  must  be  acknowledged 
that  the  wise  and  good  had  long 
been  apprehensive  of  '  the  secret 
machinations  of  the  papal  faction,'  to 
use  the  words  of  the  same  bishop  in 
the  conclusion  of  a  scarce  sermon 
preached  by  him  in  1673.     R. 

1  Nov.  22.  This  was  on  the  motion 
of  Ralph  Montagu.  The  king  replied 
coolly  and  sensibly  on  the  26th.  His 
answer  tacitly  gives  up  his  claim  to 


pardon  on  impeachment,  which  had 
caused  such  anger  in  the  case  of 
Danby.  Grey's  Debates,  viii.  21  ; 
Pari.  Hist.  iv.  1223  ;  see  Halifax's 
very  creditable  letters  on  this  in 
the  Savile  Correspondence  (Camd. 
Soc).  Cf.  Foxcroft,  i.  257-260. 
He  was,  it  appears,  '  the  King's 
favourite,  and  hated  more  than  ever 
the  Lord  Treasurer  was.  For  he  has 
undone  all  and  now  the  Prince  may 
do  as  he  pleases ;  for  I  believe  his 
game  has  been,  by  his  prudence  or 
whatever  you'll  call  it,  lost.'  Sid- 
ney's Z>/rtry,  Nov.  16,  1680;  Reresby's 
Memoirs,  193. 

2  Sir  Thomas  Chichely,  Master- 
General  of  the  Ordnance,  member 
for  Cambridge  town  in  this  and  the 
previous  Parliament,  and  for  Cam- 
bridgeshire in  the  Pensionary  Par- 
liament. The  mother  of  Halifax 
was  Anne,  daughter  of  Lord  Keeper 
Coventry,  sister  of  Shaftesbury's  first 
wife. 


of  King  Charles  II.  261 

character  in  that  house.   The  first  volume  of  the  History  of  Chap.  xi. 

the  Reformation  was  then  out l,  and  was  so  well  received 

that  I  had  the  thanks  of  both  houses  for  it,  and  was  desired 

by  both  to  prosecute  that  work.   The  parliament  had  made 

an  address  to  the  king  for  a  fast  day,  and  Sprat  and  I  were 

ordered  to  preach  before  the  house  of  commons  2.    My  turn    Dec.  22, 

was  in  the  morning  :  I  mentioned  nothing  relating  to  the 

plot  but  what  appeared  in  Coleman's  letters :  yet  I  laid 

open  the  cruelties  of  the  church  of  Rome  in  many  instances 

that  happened  in  queen  Mary's  reign,  which  were  not  then 

known,  and  I  aggravated,  though  very  truly,  the  danger 

of  falling  under  the  power  of  that  religion.      I  pressed  also 

a  mutual  forbearance  among  ourselves  in  lesser  matters : 

but  I  insisted  most  on  the  impiety  and  vices  that  had  worn 

out  all  sense  of  religion,  and  all  regard   to  it  among  us. 

Sprat  in  the  afternoon  went  further  into  the  belief  of  the 

plot  than  I  had  done  :  but  as  it  was  much  the  worse  sermon 

I  ever  heard  him  preach,  so  he  insinuated  his  fears  of  their 

undutifulness  to  the  king  in  such  a  manner  that  they  were 

highly  offended  at  him  :  so  the  commons  did  not  send  him 

thanks,  as  they  did  to  me,  which  raised  his  merit  at  court, 

as   it  increased   the   displeasure   against  me.     Sprat   had 

studied  a  polite  style  much,  but  there  was  little  strength 

in  it.     He  had  the  beginnings   of  learning  laid  well   in 

him,  but    he   has   allowed   himself  in   a   course   of  some 

years  to  much  sloth  and  too  many  liberties 3.     The  king 

sent  many  messages  to  the  house  of  commons,  pressing 

for  a  supply,  first  for  preserving  Tangier  4,  he  being  then  in 

war  with  the  king  of  Fez,  which  by  reason  of  the  distance 

put  him  to  much  charge  ;  but  chiefly  for  enabling  him  to 

go  into  alliances  necessary  for  the  common  preservation. 

1  The  three  volumes  were  pub-  lain  to  the  Duke  of  Buckingham,  and 
lished  respectively  in  1679, 1681,  and  had  assisted  him  very  much  in  writ- 
1714.  ing  The  Rehearsal.     He  was  highly 

2  This  was  on  Dec.  22,  1680.  The  valued  by  men  of  wit,  and  little  by 
sermon  is  published.     See  Collection  those  of  his  own  profession.     D. 

of  Several   Tracts,   dc.,    by   Gilbert  4  Cf.  vol.  i.  306,  and  the  debate  in 

Burnet,  D.D.     London,  1685.  the  Pari.  Hist.  iv.  1216. 

3  Very  false.    S.    Sprat  was  chap- 


262  The  History  of  the  Reign 

Chap.  XI.  The  house  upon  that  made  a  long  representation  to  the 
484  king  of  the  dangers  that  both  he  and  they  were  in,  and 
assured   him    they  would  do    every  thing  that  he   could 
expect  of  them  as  soon  as  they  were  well  secured  :  by 
which  they  meant,  as  soon  as  the  exclusion  should  pass, 
and  that  bad  ministers  and  ill  judges  should  be  removed. 
They  renewed  their  address  against  lord  Halifax,  and  made 
addresses  both   against  the   marquis   of  Worcester,  soon 
after  made  duke  of  Beaufort,  and  against  lord  Clarendon 
and   Hyde,  as  men  inclined  to  popery.     Hyde  spoke  so 
vehemently   to  vindicate  himself  from   the  suspicions   of 
popery,  that  he  cried  in  his  speech :  and  Jones,  upon  the 
score  of  old  friendship,  got  the  words  relating  to  popery  to 
Nov.  24,    De  struck  out  of  the  address  against  him.     The  commons 
1680.  '    also  impeached  several  of  the  judges1  and  Mr.  Seymour. 
The  judges  were  accused  for  some  illegal  charges  and  judg- 
ments ;   and   Seymour  for  corruption  and  mal-administra- 
tion  in  the  office  of  treasurer  for  the  navy.  They  impeached 
Scroggs   for  high   treason :    but   it    was  visible  that   the 
matters  objected  to  him  were  only  misdemeanors  :  so  the 
lords  rejected  the  impeachment ;  which  was  carried  chiefly 
by  the  earl  of  Danby's  party,  and  in  favour  to  him.     The 
commons  did  also  assert  the  right  of  the  people  to  petition 
for  a   parliament :    and   because   some   in   their   counter- 
petitions  had  expressed  their  abhorrence  of  this  practice, 
they  voted  these  abhorrers  to  be  betrayers  of  the  liberties 
Oct.  29,    0f  the  nation  2.    They  expelled  Withins  3  out  of  their  house 

1  Lord  Chief  Justice    North   was  asserted  that  he  could    prove    that 

impeached    on   Nov.   24 ;    Scroggs,  Scroggs   had   danced  before   others 

Jones,    and   Weston    on    Dec.   23.  stark  naked. 

The  grievance  against  Scroggs  was  2  Supra  248.     See  the  king's  pro- 

his  discharge  of  the  grand  jury  of  clamation  of  Dec.  12,  1672 ;  North's 

Middlesex  on  June  26, when  Shaftes-  Examen,  546;  and  Hallam,  Hist,  of 

bury  presented  James  as  a  popish  Eng.  ii.  442  (sm.  ed.),  on  the  whole 

recusant.  Supra  252  note.  One  of  the  question.       For  the  attempt  of  the 

articles  brought  against  him  by  Oates  Commons  to  put  down  the  abhorrers, 

and  Bedloe  was  that   '  he    is  very  see  Somers  Tracts,  viii.  97. 

much    addicted    to     swearing    and  3  Sir  F.  Withins.      He  does  not 

cursing   in   his   common   discourse,  appear   on   the  list  of  members  in 

and    to    drink    to    excess.'      Oates  the  Pari.  Hist.     Sir    Robert  Cann, 


of  King  Charles  II.  263 

for  signing  one  of  these,  though  he  with  great  humility  con-  Chap.  xr. 
fessed  his  fault,  and  begged  pardon  for  it.  The  merit  of 
this  raised  him  soon  to  be  a  judge ;  for  indeed  he  had  no 
other  merit.  They  fell  also  on  sir  George  Jeffreys,  a  furious 
declaimer  at  the  bar  :  but  he  was  raised  by  that,  as  well  as 
by  this  prosecution1.  The  house  did  likewise  send  their 
serjeant  to  many  parts  of  England  to  bring  up  abhorrers  as 
delinquents :  upon  which  the  right  that  they  had  to  im- 
prison any  besides  their  own  members  came  to  be  much 
questioned,  since  they  could  not  receive  an  information 
upon  oath,  nor  proceed  against  such  as  refused  to  appear 
before  them.  In  many  places  those  for  whom  they  sent 
their  serjeant  refused  to  come  up  2.  It  was  found  that  such 
practices  were  grounded  on  no  law,  and  were  no  elder 
than  queen  Elizabeth's  time.  While  the  house  of  commons 
used  that  power  gently,  it  was  submitted  to,  in  respect  to 
it :  but  now  it  grew  to  be  so  much  extended,  that  many 
resolved  not  to  submit  to  it.  The  former  parliament  had 
passed  a  very  strict  act  for  the  due  execution  of  the  habeas  May  27, 
corpus,  which  was  indeed  all  they  did.  It  was  carried  by  48g  79' 
an  odd  artifice  in  the  house  of  lords  3.  Lord  Grey  and  lord 
Norris  were  named  to  be  the  tellers.  Lord  Norris,  being 
a  man  subject  to  vapours,  was  not  at  all  times  attentive  to 
what  he  was  doing  :  so  a  very  fat  lord  coming  in,  lord  Grey 

member  for  Bristol,  had  been  expelled  Reresby   upon    the    advisability    of 

on  the  previous  day  for  intimating  being     prepared      for     civil      war. 

his  disbelief  in  the  plot.     Pari.  Hist.  Reresby's  Memoirs,  193.     In  August 

iv.  1174.  James  held   the   same  language   to 

1  Jeffreys  was  Recorder  of  Lon-  Barillon,  and  the  garrisons  through- 
don.  '  He  hath,  in  perfection,  the  out  the  country  were  put  in  readi- 
three  chief  qualifications  of  a  lawyer,  ness. 

Boldness,      Boldness,      Boldness ! '  3  The    bill     received     the     royal 

Charles   Hatton    to    Lord    Hatton,  assent  at  the  prorogation  of  May  27, 

Hatton  Correspondence,  Oct.  21, 1679.  1679.     A  similar  act  had  been  read 

He   was    attacked    for    obstructing  a   third   time   in    the   Commons    in 

petitions.  Cf.  North's  Exanten,  545-  March,  167^.  Marvell,  vol.  ii.  (Prose, 

547.     Irving's  Life  of  Jeffreys  is  of  Grosart's  ed.).      Danby's  action  in 

service  for  the  dates  of  his  career.  making   arbitrary    arrests    was   the 

2  So  threatening  was  the  outlook,  direct  cause  of  the  passing  of  the 
that  in  Nov.  1680,  Halifax  spoke  to  present  act. 


264  The  History  of  the  Reign 

Chap.  XI.  counted  him  for  ten,  as  a  jest  at  first,  but  seeing  lord  Norris 
had  not  observed  that,  he  went  on  with  his  misreckoning  of 
ten  for  one :  so  it  was  reported  to  the  house,  and  declared 
that  they  who  were  for  the  bill  were  the  majority,  though  it 
indeed  went  on  the  other  side :  and  by  this  means  the  bill 
passed l.  There  was  a  bold  forward  man,  Sheridan,  a  native 
of  Ireland,  whom  the  commons  committed2:  and  he 
Dec.  30,  brought  his  habeas  corpus  :  some  of  the  judges  were  afraid 
of  the  house,  and  kept  out  of  the  way :  only  baron  Weston 
had  the  courage  to  grant  it.  The  session  went  yet  into 
a  higher  strain,  for  they  voted  that  all  anticipations  on  any 
branches  of  the  revenue  were  against  law,  and  that  whoso- 
ever lent  any  money  upon  the  credit  of  those  anticipations 

MS.  250.  were  public  enemies  to  the  kingdom.  Upon  this  it  |  was 
said,  that  the  parliament  would  neither  supply  the  king 
themselves,  nor  suffer  him  to  make  use  of  his  credit,  which 
every  private  man  might  do3.  They  said,  on  the  other 
hand,  that  they  looked  on  the  revenue  as  a  public  treasure, 
that  was  to  be  kept  clear  of  all  anticipations,  and  not  as 
a  private  estate  that  might  be  mortgaged :  and  they 
thought  when  all  other  means  of  supply  except  by  parlia- 
ment were  stopped,  that  must  certainly  bring  the  king  to 
their  terms.  Yet  the  clamour  raised  on  this,  as  if  they  had 
intended  to  starve  the  king,  and  blast  his  credit,  was  a  great 
load  on  them :  and  their  vote  had  no  effect,  for  the 
king  continued  to  have  the  same  credit  that  he  had  before. 

Dec.  15,    Another  vote  went  yet  much  higher  4  ;  it  was  for  an  associa- 
1680. 

1  See  Minute  Book  of  the  House  2  See  the  debate  in  the  Pari.  Hist. 

of  Lords  with  regard  to  this  bill,  and  iv.  1262-1264. 

compare  there  the  number  of  lords  3  There  is  a  very  interesting  frag- 
that  day  in  the  House  with  the  ment  of  a  private  journal  of  the  pro- 
number  reported  to  be  in  the  divi-  ceedings  of  the  Commons  from 
sion,  which  agrees  with  this  story.  Dec.  18,  1680,  to  Jan.  8,  i68f,  con- 
O.  On  May  27  a  vote  for  a  free  taining  a  good  deal  of  fresh  matter, 
conference  with  the  Commons  was  in  the  Beaufort  MSS.,  H.  M.  C. 
passed  by  57  to  55.  But  in  both  Rep.  xii,  App.  i. 
printed  journal  and  MS.  minutes  *  Dec.  15,  1680.  Pari.  Hist. 
only  107  peers  are  entered  as  iv.  1250  ;  Ranke,  iv.  no.  See  The 
present.  H.  M.  C.  Rep.  xi,  App.  History  of  the  Association  dc,  London, 
li.  136.  1682. 


of  King  Charles  II.  265 

tion,  copied  from  that  in  queen  Elizabeth's  time,  for  the  Chap.  XI. 
revenging  the  king's  death  upon  all  papists,  if  he  should 
happen  to  be  killed.  The  precedent  of  that  time  was 
a  specious  colour,  but  this  difference  was  assigned  between 
the  two  cases :  queen  Elizabeth  was  in  no  danger  but  from 
papists,  so  that  association  struck  a  terror  into  that  whole 
party,  which  did  prove  a  real  security  to  her  ;  and  therefore 
her  ministers  set  it  on.  But  now,  it  was  said,  there  were 
many  republicans 1  still  in  the  nation  a,  and  many  of  Crom- 
well's officers  were  yet  alive,  who  seemed  not  to  repent  of 
what  they  had  done:  so  some  of  these  might  by  this 
means  be  encouraged  to  attempt  on  the  king's  life,  pre- 
suming that  both  the  suspicions  and  the  revenges  of  it  486 
would  be  cast  upon  the  duke  and  the  papists.  Great  use 
was  made  of  this  to  possess  all  people,  that  this  association 
was  intended  to  destroy  the  king,  instead  of  preserving  him  2. 
There  was  not  much  done  in  the  house  of  lords  after 
they  threw  out  the  bill  of  exclusion.  Lord  Halifax  indeed  Nov.  16, 
pressed  them  to  go  on  to  limitations  3 :  and  he  began  with  °* 

one,  that  the  duke  should  be  obliged  to  live  500  miles  out 
of  England  during  the  king's  life.  But  the  house  was  cold 
and  backward  in  all  that  matter.  Those  that  were  really 
the  duke's  friends  abhorred  all  those  motions :  and  lord 
Shaftesbury  and  his  party  laughed  at  them  :  they  were 
resolved  to  let  all  lie  in  confusion,  rather  than  hearken  to 
any  thing  besides  the  exclusion.  The  house  of  commons 
seemed  also  to  be  so  set  against  that  project,  that  very  little 
progress  was  made  in  it.  Lord  Essex  also  made  a  motion, 
which  was  agreed  to  in  a  thin  house,  but  it  put  an  end  to 
all  discourses  of  that  nature.  He  moved  that  an  associa- 
tion should  be  entered  into  to  maintain  those  expedients, 
and  that  some  cautionary  towns  should  be  put  into  the 

1  e.  g.  Algernon  Sidney  and  Wild-  sell's  Letters,  i.  56.  This  was  known 
man.  as  the  Prentices'  Plot. 

2  '  There  is  great  talk  of  a  new  8  Supra  259.  This  was  on  No- 
plot ;  Duke  Monmouth,  Lord  Shaftes-  vember  16,  the  day  following  his 
bury,   and   many  concerned  ;    Lord  great  speech. 

Essex  named  one.'     Lady  R.  Rus- 


266  The  History  of  the  Reign 

Chap.  XL  hands  of  the  associators  during  the  king's  life,  to  make 
them  good  after  his  death.  The  king  looked  on  this  as 
a  deposing  of  himself.  He  had  read  more  in  Davila x  than 
in  any  other  book  of  history :  and  he  had  a  clear  view  into 
the  consequences  of  such  things,  and  looked  on  this  as 
worse  than  the  exclusion.  So  that,  as  lord  Halifax  often 
observed  to  me,  this  whole  management  looked  like  a  design 
to  unite  the  king  more  entirely  to  the  duke,  instead  of 
separating  him  from  him.  The  king  came  to  think  that  he 
himself  was  levelled  at  chiefly,  though  for  decency's  sake 
his  brother  was  only  named.  The  truth  was,  the  leading 
men  thought  they  were  sure  of  the  nation,  and  of  all  future 
elections,  as  long  as  popery  was  in  view.  They  fancied  the 
king  must  have  a  parliament  and  money  from  it  ere  long, 
and  that  in  conclusion  he  would  come  in  to  them.  He  was 
much  beset  by  all  the  hungry  courtiers,  who  longed  for 
a  bill  of  money.  They  studied  to  persuade  him,  from  his 
father's  misfortunes,  that  the  longer  he  was  in  yielding,  the 
terms  would  grow  the  higher. 

They  relied  much  on  lady  Portsmouth's  interest,  who 
did  openly  declare  her  self  for  the  house  of  commons  :  and 
they  were  so  careful  of  her,  that  when  one  moved  that  an 
address  should  be  made  to  the  king  for  sending  her  away, 
he  could  not  be  heard,  though  at  another  time  such  a  motion 
would  have  been  better  entertained.  Her  behaviour  in  this 
matter  was  unaccountable :  and  the  duke's  behaviour  to 
her  afterwards  looked  liker  an  acknowledgment  than  a  re- 
487  sentment.     Many  refined  upon  it,  and  thought  she  was  set 

1  Enrico-Catterino    Davila,  1576-  fifteen  books.     It  was  first  published 

1631,  an  Italian  of  good  descent,  be-  at  Vienna  in  1630;  the  1735  edition 

came  page  to  Henry  II  of  France,  by  Apostolo  Zeno,  in  a  vols,   folio 

and  was  in  favour  with  Catherine  de  (Vienna),  has  a  biography  of  D'Avila. 

Medici,  his  Christian  names,  which  '  I  remember  the  first  time  I  ever  saw 

were  not  baptismal,   being  adopted  D'Avila  of  the  Civil  Warrs  of  France, 

for  that  reason.     His  History  of  the  it  was  lent  me  under  the  title  of  Mr. 

Civil  Wars  in  France,  1559-1598,  in  Hampden's  vade-mecum;  and  I  be- 

which  he  served,  is  the  most  reliable  lieve  no  copy  was  liker  an  original 

contemporary  account,  and  written  than  that  rebellion  was  like  ours.' 

in  a  most  interesting  way;   it  is  in  Sir  Philip  Warwick's  Memoirs,  240. 


of  King  Charles  II.  267 

on  as  a  decoy  to  keep  the  party  up  to  the  exclusion,  that  Chap.  XI. 
they  might  not  hearken  to  the  limitations.  The  duke  was 
assured  that  the  king  would  not  grant  the  one  :  and  so  she 
was  artificially  managed  to  keep  them  from  the  other,  to 
which  the  king  would  have  consented,  and  of  which  the 
duke  was  most  afraid.  But  this  was  too  fine  K  She  was 
hearty  for  the  exclusion :  of  which  I  had  this  particular 
account  from  Montagu,  who  I  believe  might  be  the  person 
that  laid  the  bait  before  her.  It  was  proposed  to  her  that  if 
she  could  bring  the  king  to  the  exclusion,  and  to  some  other 
popular  things,  the  parliament  would  go  next  to  prepare 
a  bill  for  securing  the  king's  person,  in  which  a  clause 
might  be  carried,  that  the  king  might  declare  the  successor 
to  the  crown,  as  had  been  done  in  Henry  the  Eighth's 
time.  This  would  very  much  raise  the  king's  authority, 
and  would  be  no  breach  with  the  prince  of  Orange,  but 
would  rather  oblige  him  to  a  greater  dependence  on  the 
king.  The  duke  of  Monmouth  and  his  party  would  certainly 
be  for  this  clause,  |  since  he  could  have  no  prospect  any  MS.  251. 
other  way ;  and  he  would  please  himself  with  the  hopes  of 
being  preferred  by  the  king  to  any  other  person.  But 
since  the  lady  Portsmouth  found  she  was  so  absolutely  the 
mistress  of  the  king's  spirit,  she  might  reckon  that  if  such 
an  act  could  be  carried  the  king  would  be  prevailed  on  to 
declare  her  son 2  his  successor :  yet  it  was  suggested  to  her, 
that,  in  order  to  the  strengthening  her  son's  interest,  she 
ought  to  treat  for  a  match  with  the  king  of  France's  natural 
daughter,  now  the  duchess  of  Bourbon3.     And  thus  the 

1  Many  of  the  duke's  letters  testify  xi,  App.  v.      The   duchess   was   in 

that  he  was  upon  very  ill  terms  with  dread   of  a  dissolution,   '  crying   all 

her  at  that  time,  and  looked  upon  day  for  fear  the  Parliament  should 

her    and    her    cabal    as     the    most  be  dissolved.'    Sidney's  Diary,  ii.  114. 

dangerous    enemies     he     had,    and  2  scil.   Charles    Lennox,    Duke  of 

thinks    nothing    will     be    well    till  Richmond  (1672-1723). 

Godolphin  and  all  the  rotten  sheep  3  Mdlle.     de    Blois,    daughter    of 

at  the  end  of  the  gallery  are  turned  Madame    de     Montespan,    married 

out.     D.     The  letters  mentioned  in  Louis  Henry,  Prince  of  Conde,  Due 

this  note  are  now  printed  among  the  de  Bourbon.     '  Frightfully  ugly,  and 

Dartmouth  Papers,  H.   M.   C.    Rep.  full  of  other  defects '  is  the  descrip- 


268  The  History  of  the  Reign 

Chap.  XI.  duke  of  Monmouth  and  she  were  brought  to  an  agreement 
to  carry  on  the  exclusion,  and  that  other  act  pursuant  to 
it :  and  they  thought  they  were  making  tools  of  one  another, 
to  carry  on  their  own  ends.  The  nation  was  possessed 
with  such  a  distrust  of  the  king  *,  that  there  was  no  reason 
to  think  they  could  ever  be  brought  to  so  entire  a  con- 
fidence in  him  as  to  deliver  up  themselves  and  their 
posterity  so  blindfold  into  his  hands.  Montagu  assured 
me,  that  she  not  only  acted  heartily  in  the  matter,  but  she 
once  drew  the  king  to  consent  to  it,  if  he  might  have  had 
800,000/.  for  it,  and  that  was  afterwards  brought  down  to 
600,000/.  But  the  jealousies  upon  the  king  himself  were 
such,  that  the  managers  in  the  house  of  commons  durst  not 
move  for  giving  money  till  the  bill  of  exclusion  should 
488  pass,  lest  they  should  have  lost  their  credit  by  such  a 
motion :  and  the  king  would  not  trust  them.  So  near  was 
this  point  brought  to  an  agreement,  if  Montagu  told  me 
true 2. 

That  which  reconciled  the  duke  to  the  duchess  of  Ports- 
mouth was,  that  the  king  assured  him  she  did  all  by  his 
order,  that  so  she  might  have  credit  with  the  party,  and 
see  into  their  designs :  upon  which  the  duke  saw  it  was 
necessary  either  to  believe  this,  or  at  least  to  seem  to 
believe   it. 

Nov.  10-       The  other  great  business  of  this  parliament  was  the  trial 
Dec.  13  . 

1680.  '    of  the  viscount  of  Stafford  3,  who  was  the  younger  son  of 

the  old  earl  of  Arundel,  and  so  he  was  uncle  to  the  duke 

tion  given  of  her  by  Charlotte  Eliza-  terms.     Hist,  of  Eng.  xiii.  91 1,  220. 

beth  in  1688.  Of  the  Duchess  of  Portsmouth's  in- 

1   '  Everybody     unsatisfied     with  trigues  with  the  Exclusionists  there 

him.'     Sidney's  Diary,  ii.  116.  does  not  exist  a  doubt.     R. 

a  Salmon,    in     his     Examination,  a  This  prosecution  was   no   more 

857,   observes   that  the   king  might  than  an  expression  of  the  anger  of 

have  had  much  greater  sums  given  the  Commons  at  the  rejection  of  the 

him  openly,  if  he  had  consented  to  Exclusion  Bill.      '  They  chose  this 

the  exclusion.     Cole  also,  in  a  MS.  lord     to     try    first,    believing     him 

note,  intimates  his  disbelief  of  this  weaker  than  the  other  lords  in  the 

account.  But  in  Dr.  Lingard's  words,  Tower  for  that  crime,  and  so  less  able 

gradually  the  king  was  brought,  or  at  to    make    his    defence.'      Reresby, 

least  pretended,   to  listen  to   these  Memoirs,  194. 


of  King  Charles  II  269 

of  Norfolk.  He  was  a  weak  but  fair  conditioned  man.  Chap.  XI. 
He  was  in  ill  terms  with  his  nephew's  family1,  and  had 
been  guilty  of  great  vices  in  his  youth,  which  had  almost 
proved  fatal  to  him.  He  married  the  heiress  of  the  great 
family  of  the  StafTords.  He  thought  the  king  had  not 
rewarded  him  for  former  services  as  he  had  deserved :  so 
he  often  voted  against  the  court,  and  made  great  Applica- 
tions always  to  the  earl  of  Shaftesbury.  He  was  in  no 
good  terms  with  the  duke,  for  the  great  consideration  the 
court  had  of  his  nephew's  family  made  him  be  the  more 
neglected.  When  Oates  deposed  first  against  him,  he 
happened  to  be  out  of  the  way,  and  he  kept  out  a  day 
longer.  But  the  day  after  he  came  in,  and  delivered  him- 
self: which,  considering  the  feebleness  of  his  temper  and 
the  heat  of  that  time,  was  thought  a  sign  of  innocence. 
Oates  and  Bedloe  swore  2  he  had  a  patent  to  be  paymaster 
general  to  the  army.  Dugdale  swore  that  he  offered  him 
500/.  to  kill  the  king3.  Bedloe  had  died  the  summer 
before  at  Bristol :  and  it  being  in  the  time  of  the  assizes, 
North,  then  lord  chief  justice  of  the  common  pleas,  being 
there,  he  sent  for  him,  and  by  oath  confirmed  all  that  he 
had  sworn  formerly,  except  that  which  related  to  the  queen 
and  to  the  duke.  He  also  denied  upon  oath  that  any 
person  had  ever  practised  upon  him,  or  corrupted  him. 
His  disowning  some  of  the  particulars  he  had  sworn  had 
an  appearance  of  sincerity,  and  gave  much  credit  to  his 
former  depositions.  I  could  never  hear  what  sense  he 
expressed  of  the  other  ill  parts  of  his  life,  for  he  vanished 
soon  out  of  all  men's  thoughts  4. 

1  '  Not  a  man  beloved,  even  of  his  3  On  Oct.  26,  Dangerfield  brought 
own  family.'  Evelyn  reports,  all  his  the  same  accusation  against  James, 
relatives,  except  Arundel,  voted  him  when  at  the  bar  of  the  House  of 
guilty.  Commons.     Sidney's  Letters,  159. 

2  See  Lord  Guilford's  account  of  *  North,  Examen,  252-255,  says 
this,  given  to  the  House  of  Commons  that  the  tendency  of  Bedloe's  oath 
on  Aug.  16,  1680.  North's  Life  of  was  to  accuse  the  queen  and  the 
Guilford,  180;  Charles  Ha.ttor\, Hatton  Duke  of  York;  but  that  nothing  ex- 
Correspondence,  for  Aug.  26 ;  Lady  press  or  positive  was  declared.  He 
Russell  to  Lord  Russell,  Letters,  i.  63.  thinks  that  Bedloe  went  to  Bristol, 


270  The  History  of  the  Reign 

Chap.  XI.  Another  witness  appeared  against  Stafford,  one  Turber- 
ville ;  who  swore  that  in  the  year  75  the  lord  Stafford  had 
taken  much  pains  to  persuade  him  to  kill  the  king:  he 
began  the  proposition  to  him  at  Paris,  and  sent  him  by 
489  the  way  of  Dieppe  over  to  England,  telling  him  that  he 
intended  to  follow  by  the  same  road :  but  he  wrote  after- 
wards to  him  that  he  was  to  go  by  Calais,  but  he  said  he 
never  went  to  see  him  upon  his  coming  to  England. 
Turberville  swore  the  year  wrong  at  first,  but  upon  recol- 
lection he  went  and  corrected  that  error.  This,  at  such 
a  distance  of  time,  seemed  to  be  no  great  matter.  It 
seemed  much  stranger  that  after  such  discourses  once 
begun,  he  should  never  go  near  the  lord  Stafford,  and  that 
Stafford  should  never  inquire  after  him.  But  there  was 
a  much  more  material  objection  to  him.  Turberville,  upon 
discourse  with  some  in  S.  Martin's  parish,  seemed  inclined 
to  change  his  religion,  and  they  brought  him  to  Dr.  Lloyd, 
then  their  minister x :  and  he  convinced  him  so  fully,  that 
he  changed  upon  it,  and  after  that  he  came  often  to  him, 
and  was  chiefly  supported  by  him  :  for  some  months  he 
was  constantly  at  his  table.  Lloyd  had  pressed  him  to 
recollect  all  that  he  had  heard  among  the  papists  relating 
to  plots  and  designs  against  the  king  or  the  nation.  He 
said  that  which  all  the  converts  at  that  time  said  often, 
that  they  had  it  among  them  that  within  a  very  little  while 
their  religion  would  be  set  up  in  England ;  and  that  some 
of  them  said  a  great  deal  of  blood  would  be  shed  before 
it  would  be  brought  about ;  but  he  protested  that  he  knew 
no  particulars.  After  some  months'  dependence  on  Lloyd, 
he  withdrew  entirely  from  him,  and  he  saw  him  no  more, 
till  he  appeared  now  an  evidence  against  lord  Stafford. 
He  was   in  great  difficulty  upon  that   occasion.     It  had 

MS.  252.  been  often  declared  |  that  the  most  solemn  denials  of  wit- 
where  he  fell  sick  and  died,  for  the  the  Chief  Justice's  account  in  his 
purpose  of  trepanning  the  Lord  Narrative,  published  at  that  time,  that 
Chief  Justice  into  danger,  which  by  Bedloe  cleared  both  the  duke  and 
his  good  fortune  and  prudence  he  queen  of  conspiring  the  king's  death, 
avoided.     It  appears,   however,   by  \  Cf.  vol.  i.  337. 


of  King  Charles  II.  271 

nesses  before  they  come  to  make  discoveries  did  not  [at]  Chap.  XI. 
all  invalidate  their  evidence,  and  that  it  imported  no  more 
but  that  they  had  been  so  long  firm  to  their  promises  of 
revealing  nothing:  so  that  this  negative  evidence  against 
Turberville  could  have  done  lord  Stafford  no  service.  On 
the  other  hand,  considering  the  load  that  already  lay  on 
Lloyd  on  the  account  of  Berry's  business  1,  and  that  his 
being  a  little  before  this  time  promoted  to  be  bishop  of 
St.  Asaph  was  imputed  to  that,  it  was  visible  that  his 
discovering  this  against  Turberville  would  have  aggravated 
those  censures,  and  very  much  blasted  him.  In  opposition 
to  all  this,  here  was  a  justice  to  be  done,  and  a  service  to 
truth,  towards  the  saving  a  man's  life  :  and  the  question 
was  very  hard  to  be  determined.  He  advised  with  all  his 
friends  about  it,  and  with  my  self  in  particular.  The  much 
greater  number  were  of  opinion  that  he  ought  to  be  silent2. 
I  said,  my  own  behaviour  in  Staley's  affair  3  shewed  what  I 
would  do  if  I  were  in  that  case,  but  his  circumstances  were  490 
very  different :  so  I  concurred  with  the  rest  as  to  him.  He 
had  another  load  on  him :  he  had  writ  a  book  with  very 
sincere  intentions,  but  upon  a  very  tender  point :  he  pro- 
posed that  a  discrimination  should  be  made  between  the 
regular  priests,  that  were  in  a  dependence  and  under 
directions  from  Rome,  and  the  secular  priests,  who  would 
renounce  the  pope's  deposing  power  and  his  infallibility4. 
He  thought  this  would  raise  heats  among  themselves,  and 
draw  censures  from  Rome  on  the  seculars,  which  in  con- 
clusion might  have  very  good  effects.  This  was  very 
plausibly  writ,  and    designed    with   great   sincerity.      But 

1   See  supra   194.     Was  this  load  against  him.     R. 
on  him  by  his  having  professed  his  2  Damned  advice.     S. 
belief  in  Berry's  innocence?     Hig-  3  Supra  171,  181. 
gons,   in    his    Remarks,  an,  relates  4  See  Athcnce  Oxon.  ii.  col.  1090. 
that  Dr.  Lloyd  refused  the  sacrament  And  see  State  Trials,  for  Sir  F.  Win- 
to    Berry,    when    he     passionately  nington's  speech,  at  the  beginning  of 
desired    it,    although,    according    to  Lord    Stafford's    trial,    which    might 
Burnet,   he  believed  Berry's  solemn  perhaps  determine  Lloyd  not  to  give 
and    repeated     declarations    of   his  this  evidence,  and  might  deter  him 
being  innocent  of  the  charge  brought  from  it.     O. 


272  The  History  of  the  Reign 

Chap.  XI.  angry  men  said,  all  this  was  intended  only  to  take  off  so 
much  from  the  apprehensions  that  the  nation  had  of 
popery,  and  to  give  a  milder  idea  of  a  great  body  among 
them :  and  as  soon  as  it  had  that  effect,  it  was  probable 
that  all  the  missionaries  would  have  leave  given  them  to 
put  on  that  disguise,  and  to  take  those  discriminating  tests, 
till  they  had  once  prevailed,  and  then  they  would  throw 
them  off.  Thus  the  most  zealous  man  against  popery  that 
I  ever  yet  knew,  and  the  man  of  the  most  entire  sincerity 
was  so  heavily  censured  at  this  time,  that  it  was  not 
thought  fit,  nor  indeed  safe1,  for  him  to  declare  what  he 
knew  concerning  Turburville.  The  trial  was  very  august  : 
the  earl  of  Nottingham  was  the  lord  high  steward :  it 
continued  five  days.  On  the  first  day  the  commons 
brought  only  general  evidence  to  prove  the  plot.  Smith 
swore  some  things  that  had  been  said  to  him  at  Rome  of 
killing  the  king.  An  Irish  priest,  that  had  been  long  in 
Spain,  confirmed  many  particulars  in  Oates's  narrative. 
Then  the  witnesses  deposed  all  that  related  to  the  plot  in 
general.  To  all  this  lord  Stafford  said  little,  as  not  being 
much  concerned  in  it :  only  he  declared  that  he  was  always 
against  the  pope's  power  of  deposing  princes.  He  also 
observed  a  great  difference  between  the  gunpowder  plot 
and  that  which  was  now  on  foot :  that  in  the  former  all  the 
chief  conspirators  died  confessing  the  fact,  but  that  now 
all  died  with  the  solemnest  protestations  of  their  innocence. 
On  the  second  day  the  evidence  against  himself  was 
brought.  He  urged  against  Oates,  that  he  swore  he  had 
gone  in  among  them  on  design  to  betray  them :  so  that 
he  had  been  for  some  years  taking  oaths  and  receiving 
sacraments  in  so  treacherous  a  manner,  that  no  credit 
could  be  given  to  a  man  that  was  so  black  by  his  own 
confession.  On  the  third  day  he  brought  his  evidence  to 
491  discredit  the  witnesses :  his  servant  swore  that  while  he 

1  But  he  ought  to  have  done  it.  O.       light,  in  Salmon's  Lives  of  the  Eng- 
So   says  every   other   honest   man.       lish  Bishops,  149  155.     R. 
See  this  business  set  in  its  proper 


of  King  Charles  II.  273 

was  at  the  lord  Aston's  Dugdale  never  was  in  his  chamber,  Chap.  XI. 
but  once,  and  that  was  on  the  account  of  a  foot  race. 
Some  deposed  against  Dugdale's  reputation  :  and  one  said 
that  he  had  been  practising  on  himself,  to  swear  as  he 
should  direct  him.  The  minister  of  the  parish  and  another 
gentleman  deposed  that  they  heard  nothing  from  Dugdale 
concerning  the  killing  a  justice  of  peace  in  Westminster, 
which,  as  he  had  sworn,  he  had  said  to  them.  As  to 
Turberville,  those  who  had  served  him  in  Paris  deposed 
that  they  never  saw  him  with  him  ;  and  whereas  he  had 
said  that  he  was  at  that  time  in  a  fit  of  the  gout,  they 
said  they  never  knew  him  in  a  fit-  of  the  gout :  and  he 
himself  affirmed  he  never  had  one  in  his  whole  life.  He 
also  proved  that  he  did  not  intend  to  come  by  Dieppe ; 
for  he  had  writ  for  a  yacht  which  met  him  at  Calais.  He 
also  proved  by  several  witnesses  that  both  Dugdale  and 
Turberville  had  often  said  that  they  knew  nothing  of  any 
plot ;  and  that  Turberville  had  lately  said,  he  would  set  up 
for  a  witness,  for  none  lived  so  well  as  witnesses  did.  He 
insisted  likewise  on  the  mistake  of  the  year,  and  on 
Turberville's  never  coming  near  him  after  he  came  over 
to  England.  The  strongest  part  of  his  defence  was,  that 
he  made  it  out  unanswerably,  that  he  was  not  at  the  lord 
Aston's  on  one  of  the  times  that  Dugdale  had  fixed,  for 
at  that  time  he  was  either  at  Bath  or  at  Badminton.  For 
Dugdale  had  once  fixed  on  a  day,  though  afterwards  he 
said  it  was  about  that  time.  Now  that  day  happened  to 
be  the  marquis  of  Worcester's  wedding-day :  and  on  that 
day  it  was  fully  proved  |  that  he  was  at  Badminton,  MS.  253. 
that  lord's  house,  not  far  from  the  Bath.  On  the  fourth 
day  proofs  were  brought  to  support  the  credit  of  the  wit- 
nesses. It  was  made  out  that  Dugdale  had  served  the  lord 
Aston  long,  and  with  great  reputation.  It  was  now  two 
full  years  since  he  began  to  make  discoveries :  and  in  all 
that  time  they  had  not  found  any  one  particular  to  blemish 
him  with  ;  though  no  doubt  they  had  taken  pains  to 
examine  into  his  life.  His  publishing  the  news  of  Godfrey's 
VOL.  11.  T 


274  The  History  of  the  Reign 

Chap.  XI.  death  was  well  made  out,  though  two  persons  in  the 
company  had  not  minded  it.  Many  proofs  were  brought 
that  he  was  often  in  lord  Stafford's  company,  of  which 
many  more  affidavits  were  made  after  that  lord's  death. 
Two  women  that  were  still  papists  swore,  that  upon  the 
breaking  out  of  the  plot  he  searched  into  many  papers,  and 
had  burnt  them :  he  gave  many  of  these  to  one  of  the 
492  women  to  fling  in  the  fire,  but  finding  a  book  of  accounts 
he  laid  that  aside,  saying,  There  is  no  treason  here ;  which 
imported  that  he  thought  the  others  were  treasonable. 
He  proved  that  one  of  the  witnesses  brought  against  him 
was  so  infamous  in  all  respects,  that  lord  Stafford  him- 
self was  convinced  of  it.  He  said  he  had  only  pressed  a 
man  who  now  appeared  against  him,  to  discover  all  he 
knew.  He  said,  at  such  a  distance  of  time  he  might 
mistake  as  to  time  or  a  day,  but  could  not  be  mistaken 
as  to  the  things  themselves.  Turberville  described  both 
the  street  and  the  room  in  Paris  truly  in  which  he  saw  lord 
Stafford.  He  found  a  witness  that  saw  him  at  Dieppe,  to 
whom  he  complained,  that  a  lord  for  whom  he  looked  had 
failed  him  :  and  upon  that  he  said  he  was  no  good  staff  to 
lean  on  ;  by  which,  though  he  did  not  name  the  lord,  he 
believed  he  meant  lord  Stafford.  Dugdale  and  he  both 
confessed  they  had  denied  long  that  they  knew  any  thing 
of  the  plot,  which  was  the  effect  of  the  resolution  they  had 
taken,  to  which  they  adhered  long,  of  discovering  nothing. 
It  was  also  proved  that  lord  Stafford  was  often  lame,  which 
Turberville  took  for  the  gout.  On  the  fifth  day  lord 
Stafford  resumed  all  his  evidence,  and  urged  every  par- 
ticular very  strongly.  Jones,  in  the  name  of  the  commons, 
did  on  the  other  hand  resume  the  evidence  against  him 
with  great  force.  He  said  indeed  nothing  for  support- 
ing Oates,  for  the  objection  against  him  was  not  to 
be  answered.  He  made  it  very  clear  that  Dugdale  and 
Turberville  were  two  good  witnesses,  and  were  not  at  all 
discredited  by  any  thing  that  was  brought  against  them. 
When  it  came  to  give  judgment,  above  fifty  of  the  peers 


of  King  Charles  II.  275 

gave  it  against  lord  Stafford,  and  above  thirty  acquitted  Chap.  XI. 
him :  four  of  the  Howards,  his  kinsmen,  condemned  him : 
lord  Arundel 1,  afterwards  duke  of  Norfolk,  though  in 
enmity  with  him,  did  acquit  him2.  Duke  Lauderdale 
condemned  him,  and  so  did  both  the  earls  of  Nottingham  3 
and  Anglesea ;  though  the  last  of  these  very  impudently 
said  that  he  did  not  believe  the  witnesses.  Lord  Halifax 
acquitted  him.  Lord  Nottingham,  when  he  gave  judg- 
ment, delivered  it  with  one  of  the  best  speeches  he  had 
ever  made4,  but  he  committed  one  great  indecency  in  it:  Dec.  7, 
for  he  said,  who  can  doubt  any  longer  that  London  was 
burnt  by  papists?  though  there  was  not  one  word  in  the 
whole  trial  relating  to  that  matter.  Lord  Stafford  behaved 
himself  during  the  whole  time,  and  at  the  receiving  his 
sentence,  with  much  more  constancy  than  was  expected 
from  him 5.  Within  two  days  after  he  sent  a  message  493 
to  the  lords,  desiring  that  the  bishop  of  London  and  I  might 
be  appointed  to  come  to  him.  We  waited  on  him.  His 
design  seemed  to  be  only  to  possess  us  with  an  opinion  of 
his  innocence,  of  which  he  made  very  solemn  protestations. 
He  heard  us  speak  of  the  points  in  difference  between  us 
and  the  church  of  Rome  with  great  temper  and  attention. 
At  parting,  he  desired  me  to  come  back  to  him  next  day ; 

1  Then  of  the  House  of  Lords,  as  5  The  duke,  in  one  of  his  letters, 
Lord  Mowbray,  called  up  by  writ  to  says,  '  I  was  informed  by  Fielding  of 
that  barony  of  his  father.     O.  Lord   Stafford's   being    condemned, 

2  He  was  condemned  '  seemingly  which  surprised  me,  though  I  knew 
upon  the  grossest  error  in  common  the  malice  of  some  against  him  and 
justice  that  everwas  known.'  North's  the  Government,  would  make  them 
Life  of  Lord  Guilford,  204.  There  is  press  it  to  the  utmost.  And  besides 
a  very  full  account  in  the  Kenyon  all  other  considerations,  am  very 
MSS.,  H.  M.  C.  Rep.  xiv,  App.  iv.  sorry  his  majesty  will  be  so  hard  put 
104,  122-T24.  '  The  King,'  we  are  to  it ;  for  I  hope  he  will  remember 
told,  was  '  extremely  concerned.'  the  continual  trouble  it  was  to  the 
Lauderdale's  vote,  according  to  king  his  father,  the  having  consented 
Fountainhall,wasthe  cause  of  James's  to  the  death  of  the  Earl  of  Strafford, 
estrangement.    Hist.  Obs.  75.  and  not  have  such  a  burden  on  his 

3  See  Onslow's  note  below, vol.  ii.  conscience;  and  on  the  other  hand, 
f.  261.     R.  I  know  he  will  be  hard  prest  to  sign 

*  Published  by  order  of  the  House  the  warrant  against  this  unfortunate 
of  Lords.  lord.'     D. 

T   2 


276  The  History  of  the  Reign 

Chap.  XI.  for  he  had  a  mind  to  be  more  particular  with  me.  When 
I  came  to  him,  he  repeated  the  protestations  of  his  inno- 
cence, and  said  he  was  confident  the  villany  of  the  witnesses 
would  soon  appear:  he  did  not  doubt  I  should  see  it  in  less 
than  a  year.  I  pressed  him  in  several  points  of  religion, 
and  urged  several  things,  which  he  said  he  had  never  heard 
before.  He  said  these  things  on  another  occasion  would 
have  made  some  impression  upon  him,  but  he  had  now 
little  time,  therefore  he  would  lose  none  of  it  in  controversy. 
So  I  let  that  discourse  fall.  I  talked  to  him  of  those  pre- 
parations for  death  in  which  all  Christians  agree :  he  enter- 
tained these  very  seriously,  much  above  what  I  expected 
from  him.  He  had  a  mind  to  live  if  it  was  possible. 
He  said  he  could  discover  nothing  with  relation  to  the 
king's  life,  protesting  that  there  was  not  so  much  as' 
an  intimation  about  it  that  had  ever  passed  among  them. 
But  he  added  that  he  could  discover  many  other  things, 
that  were  more  material  than  any  thing  that  was  yet  known, 
and  for  which  the  duke  would  never  forgive  him  :  and  of 
these,  if  that  might  save  his  life,  he  would  make  a  full 
discovery.  I  stopt  him  when  he  was  going  on  to  par- 
ticulars ;  for  I  would  not  be  a  confident  in  any  thing  in 
which  the  public  safety  was  concerned.  He  knew  best  the 
importance  of  those  secrets ;  and  so  he  could  only  judge, 

MS.  254.  whether  it  would  |  be  of  that  value  as  to  prevail  with  the 
two  houses  to  interpose  with  the  king  for  his  pardon.  He 
seemed  to  think  it  would  be  of  great  use,  chiefly  to  support 
what  they  were  then  driving  on  with  relation  to  the  duke. 
He  desired  me  to  speak  to  lord  Essex,  lord  Russell,  and 
sir  William  Jones.  I  brought  him  their  answer  the  next 
day  ;  which  was,  that  if  he  did  discover  all  he  knew  con- 
cerning their  designs,  and  more  especially  concerning  the 
duke,  that  they  would  endeavour  that  it  should  not  be 
insisted  on  that  he  must  confess  those  particulars  for  which 
he  was  judged.  He  asked  me,  what  if  he  should  name 
some  who  had  now  great  credit,  but  had  once  engaged  to 
serve  their  designs  ?     I  said  nothing  could  be  more  accept- 


of  King  Charles  II.  277 

able  than  the  discovering  such  disguised  papists,  or  false  Chap.  XI. 
protestants :  yet  upon  this  I  charged  him  solemnly  not  to 
think  of  redeeming  his  own  life  by  accusing  any  other 
falsely,  but  to  tell  the  truth,  and  all  the  truth,  as  far  as  the 
common  safety  was  concerned  in  it.  As  we  were  dis-  494 
coursing  of  these  matters,  the  earl  of  Carlisle l  came  in,  who 
had  been  in  great  favour  with  Cromwell,  and  was  captain 
of  his  guards,  and  had  then  run  into  a  high  profession  of 
religion  to  the  pitch  of  praying  and  preaching  in  their 
meetings.  But  after  the  restoration  he  shook  that  off,  and 
ran  into  a  course  of  vice.  He  loved  to  be  popular,  and  yet 
to  keep  up  an  interest  at  court;  and  so  was  apt  to  go  back- 
ward and  forward  in  public  affairs.  In  his  hearing,  by  lord 
Stafford's  leave,  I  went  over  all  that  had  passed  between  us, 
and  did  again  solemnly  adjure  him  to  say  nothing  but  the 
truth.  Upon  this  he  desired  the  earl  of  Carlisle  to  carry 
a  message  from  him  to  the  house  of  lords,  that  whenso- 
ever they  would  send  for  him  he  would  discover  all  that 
he  knew.  Upon  that  he  was  immediately  sent  for,  and 
he  began  with  a  long  relation  of  their  first  consultations 
after  the  restoration  about  the  methods  of  bringing  in  their 
religion,  which  they  all  agreed  could  only  be  brought  about 
by  a  toleration.  He  told  them  of  the  earl  of  Bristol's 
project2,  and  went  on  to  tell  who  had  undertaken  to  procure 
the  toleration  for  them  :  and  then  he  named  the  earl  of 
Shaftesbury.  When  he  named  him,  he  was  called  on  to 
withdraw :   and  the  lords  would  hear  no  more  from  him  3. 

1  See    vol.    i.  115,   144,  469,  and       the  Catholics  and  the  country  party, 
supra  60.  for    the    purpose    of    procuring    in 

2  See  vol.  i.  345.  the  first  place  the  dissolution  of  the 
8  '  After  this  (Lord  Stafford  said)       Parliament,   and    in    the    next    the 

the    opposition    of    Lord    Clarendon  toleration  of  the   Catholic  worship, 

and  the  bishops  to  the  declaration  of  This  plan  obtained  the  approbation 

indulgence   extinguished    his    hopes  of  all  to  whom  he  had  submitted  it, 

(of  it),  which,  however,  were  subse-  of  the  Duke  of  York,   of  the  Lord 

quently  rekindled  by  the  report  of  the  Chancellor,  and  of  Lord  Shaftesbury, 

conversion  of  the  Duke  of  York  to  But   the    moment    Shaftesbury    was 

the  Catholic  faith.     It  was  then  pro-  mentioned,  the  house  interrupted  his 

posed  to  form  a   coalition  between  discourse.     He  was   brought  there, 


278  The  History  of  the  Reign 

Chap.  xi.  It  was  also  given  out,  that  in  this  I  was  a  tool  of  lord 
Halifax's,  to  bring  him  thither  to  blast  lord  Shaftesbury. 
He  was  sent  back  to  the  Tower :  and  composed  himself 
in  the  best  way  he  could  to  suffer,  which  he  did  with  a 
constant  and  undisturbed  mind  :  he  supped  and  slept  well 
Dec  29,  the  night  before  his  execution,  and  died  without  any  shew 
of  fear  or  disorder.  He  denied  all  that  the  witnesses  had 
sworn  against  him :  and  this  was  the  end  of  the  Plot  *. 
I  was  very  unjustly  censured  on  both  hands.  The  earl  of 
Shaftesbury  railed  so  at  me,  that  I  went  no  more  near  him. 
And  the  duke  was  made  believe  that  I  had  persuaded  lord 
Stafford  to  charge  him,  and  to  discover  all  he  knew  against 
him :  which  was  the  beginning  of  the  implacable  hatred 
he  shewed  on  many  occasions  against  me.  Thus  the 
innocentest  and  best  meant  parts  of  a  man's  life  may  be 
misunderstood  and  highly  censured. 

1681.  The  house  of  commons  had  another  business  before  them 

in  this  session.  There  was  a  severe  act  passed  in  the  end 
of  queen  Elizabeth's  reign,  when  she  was  highly  provoked 
with  the  seditious  behaviour  of  the  Puritans,  by  which 
those  who  did  not  conform  to  the  church  were  required  to 
abjure  the  kingdom  under  the  pain  of  death :  and  for  some 
degrees  of  nonconformity  they  were  adjudged  to  die2, 
Nov.  26-  without  the  favour  of  banishment.  Both  houses  passed 
1680  '  a  bill  f°r  repealing  this  act :  it  went  indeed  heavily  in  the 
house  of  lords  ;  for  many  of  the  bishops,  though  they  were 

not  to  defame  the  great  champion  of  that  mercyless  and  bloody  faction.' 

Protestantism,   but    to   disclose   the  Clarke's  Life  of  James  II,  543.     R. 

particulars  of  the  plot ;  and  on  his  Upon  the  part  played  by  Halifax  see 

solemn    protestation     that    he    had  Foxcroft's  Life,  266. 

never  any  knowledge   of  the   plot,  2  The  death  penalty  was  only  for 

he  was   remanded   to    the   Tower.'  returning  to    the    country  without 

Lingard's  Hist,  of  Eng.  xiii.  244.  permission.  The  Act  passed  in  1593; 

1  '  My  Lord  Danby's  tryal  gave  the  the  repeal  bill  passed  the  Commons 

five    catholick  lords   in    the   tower  on    Nov.  26,  1680,  and  the    Lords' 

more  time  to  prepare,  and  their  in-  amendments    were    agreed    to    on 

nocency  to  appear  ;  whereby  none  Dec.  16.    Journals  of  the  House  of 

but  my  lord  Stafford,  to  whom  they  Commons.     The  Pari.  Hist,  contains 

gave   no   respit,  felt   the  weight  of  no  account  of  the  matter. 


of  King  Charles  II.  279 

not  for  putting  that  law  in  execution,  which  had  never  Chap.  XI. 
been  done  but  in  one  single  instance  \  yet  they  thought  49^ 
the  terror  of  it  was  of  some  use,  and  that  the  repealing  it 
might  make  the  party  more  insolent.  On  the  day  of  the 
prorogation  the  bill  ought  to  have  been  offered  to  the  king, 
but  the  clerk  of  the  crown,  by  the  king's  particular  order, 
withdrew  the  bill.  The  king  had  no  mind  openly  to  deny 
it,  but  had  less  mind  to  pass  it.  So  this  indirect  method 
was  taken,  which  was  a  high  offence  in  the  clerk  of  the 
crown 2.  There  was  a  bill  of  comprehension  offered  by 
the  episcopal  party  in  the  house  of  commons,  by  which  the 
presbyterians  would  have  been  taken  into  the  church.  But 
to  the  amazement  of  all  people,  their  party  in  the  house 
did  not  seem  concerned  to  promote  it :  on  the  contrary, 
they  neglected  it.  This  increased  the  jealousy,  as  if  they 
had  hoped  they  were  so  near  the  carrying  all  before  them, 
that  they  despised  a  comprehension.  So  there  was  no 
great  progress  made  in  this  bill.  But  in  the  morning 
before  they  were  prorogued,  two  votes  were  carried  in  the 
house  of  a  very  extraordinary  nature.  The  one  was,  that 
the  laws  made  against  recusants  ought  not  to  be  executed 
against  any  but  those  of  the  church  of  Rome  3.  That  was 
indeed  the  primary  intention  of  the  law,  yet  all  persons  who 
came  not  to  church,  and  did  not  receive  the  sacrament  once 
a  year,  were  within  the  letter  of  the  law.  The  other  vote 
was,  that  it  was  the  opinion  of  that  house,  that  the  laws 
against  dissenters  ought  not  to  be  executed4.     This  was 

1  That  of  Penry.     R.  of  supply,   a   renewed   attack   upon 

2  A  short  debate  took  place  in  the  Halifax, and  a  demand  for  the  removal 
Oxford  Parliament  on  March  24,  of  several  other  leading  opponents 
i68J,upon  the  miscarriage  of  the  bill.  of  exclusion,  were  additional  causes. 
Pari.   Hist.  iv.    1308.     The   incident  Foxcroft,  Life  of  Halifax,  i.  273. 

of  the    withdrawal   of   the    bill    is  s  For   the    way   in    which    laws 

minutely  related    in    Locke's    letter  against   Papists   were    used    against 

to   Stringer  of  March   26,    168^,   in  Protestant    Dissenters    instead,  see 

App.  vii.  to  Christie's  Life  of  Shaftes-  the  Kenyon  MSS.,  H.  M.  C.  Rep.  xiv, 

bury.     For  its  re-introduction  in  the  A.pp.  iv.  124.     But  see  also  id.   132, 

Oxford  Parliament,  and  its  fate,  see  for  the  persecution  of  recusants. 

Foxcroft's  Halifax,  i.  288.     The  pro-  *  The     very     suspensory     power 

rogation  was  on  Jan.  10.  The  refusal  which  had  been  refused  to  Charles. 


280 


The  History  of  the  Reign 


Chap.  XI.  thought  a  great  invasion  of  the  legislature,  when  one  house 
pretended  to  suspend  the  execution  of  laws :  which  was  to 
act  like  dictators  in  the  state ;  for  they  meant  that  courts 
and  juries  should  govern  themselves  by  the  opinion  that 
they  now  gave1 :  which  instead  of  being  a  kindness  to  the 
MS.  255.  nonconformists,  raised  a  new  |  storm  against  them  over  all 
the  nation.  When  the  king  saw  no  hope  of  prevailing 
with  the  commons  on  any  other  terms  but  his  granting 
the  exclusion,  he  resolved  to  prorogue  the  parliament2. 
And  it  was  dissolved  in  a  few  days  after,  in  January  81. 

The  king  resolved  to  try  a  parliament  once  more :  but 
apprehending  that  they  were  encouraged,  if  not  inflamed, 
by  the  city  of  London,  he  summoned  the  new  parliament 
to  meet  at  Oxford  3.  It  was  said  men  were  now  very  bold 
about  London,  by  their  confidence  in  the  juries  that  the 
sheriffs  took  care  to  return.  Several  printers  were  indicted 
for  scandalous  libels  that  they  had  printed :  but  the  grand 


Jan.  10, 
i68f. 

Jan.  18, 
168$. 


March  21, 
168-?. 


1  To  this  it  was  answered  by  the 
defenders  of  these  votes,  that  they 
were  not  intended  to  restrain  judges 
and  juries,  but  to  deter  prosecutors 
by  the  consideration,  that  so  wise 
and  great  a  body  as  the  House  of 
Commons  had  pointed  out  the  per- 
nicious effects  of  such  measures. 
Still  the  less  exceptionable  method 
would  have  been  for  the  friends  of 
the  Dissenters  to  have  brought  in  a 
bill  to  repeal  the  acts  prohibiting  the 
exercise  of  their  religion.     R. 

2  The  Commons  refused  to  discuss 
any  question  relating  to  foreign 
affairs,  as  '  court  tricks  and  too  stale 
to  pass  any  man.'  Essex  Papers. 
The  results  of  the  sessions  are  well 
expressed  in  a  letter  of  Nov.  25, 
1680,  in  the  Verney  MSS.  <  The  H. 
of  Commons  has  started  many  hares, 
but  catcht  very  few.'  The  proroga- 
tion on  Jan.  10  was  intended  to  be 
a  surprise,  but  the  Commons  had 
wind  of  it  the  night  before,  and 
therefore    passed     the     resolutions 


mentioned  in  the  text,  which  recall 
the  days  of  164 1.  The  king  there- 
fore dissolved,  on  Jan.  18. 

3  On  March  21.  Oxford  had  been 
settled  upon  at  the  dissolution. 
Reresby's  Memoirs,  200.  When 
Essex  and  fifteen  other  peers  urged 
that  it  should  be  held  at  Westminster, 
Charles  replied  that  he  looked  upon 
their  petition  '  only  as  the  opinion  of 
so  many  men.'  Luttrell,  Jan.  25. 
See  Shaftesbury's  instructions  to  his 
party  for  voting,  the  first  instance  of 
the  kind.  Christie,  Life  of  Shaftes- 
bury ii.  387.  The  opposition  was  in 
close  connexion  with  the  Common 
Council;  it  was  proposed  to  give 
Shaftesbury  and  Buckingham  office 
in  the  Corporation.  Fountainhall, 
Hist.  Obs.  24,  states  that  the  loss  of 
custom  incurred  by  the  removal  to 
Oxford  turned  many  of  the  London 
tradesmen  into  courtiers.  Sunder- 
land, Essex,  and  Temple  had  been 
dismissed  the  Council  on  Jan.  24. 


of  King  Charles  II.  281 

juries  returned  an  ignoramus  upon  the  bills  against  them,  on  Chap.  XI. 
this  pretence,  that  the  law  only  condemned  the  printing  such 
libels  maliciously  and  seditiously,  and  that  it  did  not  appear  496 
that  the  printers  had  any  ill  intentions  in  what  they  did. 
Whereas,  if  it  was  found  that  they  printed  such  libels,  the 
construction  of  law  made  that  to  be  malicious  and  seditious. 
The  elections  over  England  for  the  new  parliament  went 
generally  for  the  same  persons  that  had  served  in  the 
former  parliament :  and  in  many  places  it  was  given  as  an 
instruction  to  the  members  to  stick  to  the  bill  of  exclusion. 
The  king  was  now  very  uneasy  ' :  he  saw  he  was  despised 
all  Europe  over,  as  a  prince  that  had  neither  treasure  nor 
power:  so  one  attempt  more  was  to  be  made,  which  was 
to  be  managed  chiefly  by  Littleton,  who  was  now  brought 
in  to  the  commission  of  the  admiralty2.  I  had  once  in 
a  long  discourse  with  him  argued  against  the  expedients, 
because  they  did  really  reduce  us  to  the  state  of  a  common- 
wealth. I  thought  a  much  better  way  was  that  there 
should  be  a  protector  declared,  with  whom  the  regal 
power  should  be  lodged  ;  and  that  the  prince  of  Orange 
should  be  the  person 3.  He  approved  the  notion,  but 
thought  the  title  Protector  was  odious,  since  Cromwell  had 
assumed  it,  and  that  therefore  Regent  would  do  better. 
We  dressed  up  a  scheme  of  this,  for  near  two  hours :  and 
I  dreamt  no  more  of  it.  But  some  days  after  he  told  me 
the  notion  took  with  some,  and  that  both  lord  Halifax  and 
Seymour  4  liked  it.  But  he  wondered  to  find  lord  Sunder- 
land did  not  go  into  it.  He  told  me  after  the  parliament 
was  dissolved,  but  in  great  secrecy,  that  the  king  himself 

1  Halifax,    however,    who,    with       and   Clarke's  Life    of  James  II,  i. 
Laurence    Hyde,   was    now    chiefly       658. 

consulted,     declared     that    '  if    the  4  James   speaks   of    Halifax    and 

King   would   be   advised,   it  was   in  Seymour  now  as  his  best  friends,  and 

his    power   to    make    all    his    oppo-  as  being  both  opposed  to  the  calling 

nents  tremble.'     Reresby's  Memoirs,  of  another  Parliament.     Dartmouth 

204.  Papers,  June  7,  1681.      In  November 

2  Vol.  i.  415,  451,  Sec.  he  found,  to  his  extreme  disappoint- 

3  Cf.  supra  265.    On  the  Protector  ment,  that  Halifax  was  '  driving  on  a 
scheme,  see  Sidney's  Diary,  ii.  177;  Parliament.'     Id.  Nov.  1,  1681. 


282  The  History  of  the  Reign 

Chap.  XI.  liked  it.  Lord  Nottingham  talked  in  a  general  and  odd 
strain  about  it.  He  gave  out  that  the  king  was  resolved 
to  offer  one  expedient,  which  was  beyond  any  thing  that 
the  parliament  could  have  the  confidence  to  ask.  Littleton 
pressed  me  to  do  what  I  could  to  promote  it ;  and  said  that 
as  I  was  the  first  that  had  suggested  it,  so  I  should  have  the 
honour  of  it,  if  it  proved  so  happy  as  to  procure  the  quieting 
of  the  nation  \  I  argued  upon  it  with  Jones :  but  I  found 
they  had  laid  it  down  for  a  maxim,  to  hearken  to  nothing 
but  the  exclusion.  All  the  duke  of  Monmouth's  party 
looked  on  this  as  that  which  must  put  an  end  to  all  his 
hopes.  Others  thought  in  point  of  honour  they  must  go 
on  as  they  had  done  hitherto.  Jones  stood  upon  a  point 
of  law,  of  the  inseparableness  of  the  prerogative  from  the 
person  of  the  king.  He  said  an  infant  or  a  lunatic  were 
in  a  real  incapacity  of  struggling  with  their  guardians  :  but 
487  that  if  it  was  not  so,  the  law  that  constituted  their  guardians 
would  be  of  no  force.  He  said  if  the  duke  came  to  be 
king,  the  prerogative  would  by  that  vest  in  him ;  and  the 
prince  regent  and  he  must  either  strike  up  a  bargain,  or  it 
must  end  in  a  civil  war ;  in  which  he  believed  the  force  of 
law  would  give  the  king  the  better  of  it.  It  was  not  to  be 
denied  but  that  there  was  some  danger  in  this :  but  in  the 
ill  circumstances  in  which  we  were,  no  remedies  could  be 
proposed  that  were  without  great  inconveniences,  and  that 
were  not  liable  to  much  danger 2.     In  the  mean  while  both 

1  Foxcroft's  Halifax,  i.  286.  withstood  all  the  attempts  to  put  the 
8  So  much,  that  I  am  persuaded,  expedients  into  execution.  And  if 
from  having  read  the  debates  upon  the  Duke  of  York  should  have  had 
this  matter,  at  the  different  times  it  a  son  at  any  time  afterwards,  as  it 
was  agitated  in  the  House  of  Com-  was  allowed  he  would  have  been 
mons,  either  scheme  would  have  king  immediately,  how  could  the  ex- 
been  impracticable,  or  have  produced  elusion  of  the  father  have  been  sup- 
a  civil  war :  the  condition  of  this  ported  ?  Who  would  have  done  it  ? 
country  was  undoubtedly  very  de-  And  then  all  things  would  have  run 
plorable ;  but  things  were  not  yet  back  into  the  regular  succession, 
brought  to  a  crisis  to  engage  the  and  in  the  confusion  or  heat  of  that, 
body  of  the  nation  in  such  a  change  the  crown  would  have  become  arbi- 
of  government.  The  reverence  for  trary.  If  a  civil  war  had  happened, 
the    old    constitution    would    have  it  is  very  probable  the  case  had  been 


of  King  Charles  II.  283 

sides  were  taking  all  the  pains  they  could  to  fortify  their  Chap.  xi« 
party :  and  it  was  very  visible,  that  the  side  which  was  for 
the  exclusion  was  like  to  be  much  the  strongest. 

A  few  days  before  the  king  went  to  Oxford,  Fitzharris, 
an  Irish  papist,  was  taken  up  for  framing  a  malicious  and 
treasonable  libel  against  the  king  and  his  whole  family1. 
He  had  met  with  one  Everard,  who  pretended  to  make 
discoveries,  and,  as  was  thought,  had  mixed  a  great  deal  of 
falsehood  with  some  truth.  But  he  held  himself  in  generals, 
and  did  not  descend  to  so  many  particulars  as  the  witnesses 
had  done.  Fitzharris  and  he  had  been  acquainted  in  France  : 
so  on  that  confidence  he  shewed  him  his  libel :  and  he  made 
an  appointment  to  come  to  Everard's  chamber,  who  thought 
he  intended  to  trepan  him,  and  so  had  placed  witnesses  to 
overhear  all  that  passed.  Fitzharris  left  the  libel  with 
him,  all  writ  in  his  own  hand  :  Everard  went  with  the 
paper  and  with  his  witnesses,  and  informed  against  Fitz- 
harris, who  upon  that  was  committed :  but  seeing  the 
proof  against  him  was  like  to  be  full,  he  said  the  libel  was 
drawn  by  Everard,  and  only  copied  by  himself:  but  he 
had  no  sort  of  proof  to  support  this.  Cornish  the  sheriff 
going  to  see  him,  he  desired  he  would  bring  him  a  justice 
of  peace  ;  for  he  could  make  a  great  discovery  of  the 
plot,  far  beyond  all  that  was  yet  known  2.  Cornish,  in  the 
simplicity  of  his  heart,  went  and  acquainted  the  king  with 
this  ;  for  which  he  was  much  blamed  ;  for  it  was  said  by 
this  means  that  discovery  might  have  been  stopped.  But 
his  going  first  with  it  to  the  court  proved  afterwards  a 
great  happiness  both  to  himself  and  to  many  others.     The 

the  same,  whichever  side  had  pre-  ii.     446  ;     Marvell,     Correspondence, 

vailed;    nothing   but  the   particular  Nov.  25,  1681.     See   The  Examina- 

circumstances  of  the  revolution,  and  Hon  of  Edw.  Fitzharris,  relating  to  the 

the  wise  provisions  made  upon  it  for  Popish  Plot,   March  10,  168-J,  publ. 

establishing  the    new   government,  by   order   of    the    House    of  Com- 

could  have  brought  on  or  maintained  mons. 

the  change,  and  the  last  has  been  2  See  supra  253,  and  infra  f.  651. 

almost  miraculous.     God  grant  it  a  Cornish  was  tried  and  executed  in 

continuance !     O.  October,     1685.       Portland    MSS., 

1  Hallam,  Hist,  of  Eng,  (sm.  ed.),  H.  M.  C.  Rep.  xiii,  App.  ii.  238. 


284  The  History  of  the  Reign 

Chap.  XI.  secretaries  and  some  privy  councillors  were  upon  that  sent 
to  examine  Fitzharris ;  to  whom  he  gave  a  long  relation  of 
a  practice  to  kill  the  king,  in  which  the  duke  was  con- 
MS.  256.  cerned,  |  with  many  other  particulars,  which  need  not  be 
mentioned,  for  it  was  all  a  fiction.  The  secretaries  came 
to  him  a  second  time,  to  examine  him  further :  he  boldly 
stood  to  all  he  had  said,  and  he  desired  that  some  justices 
498  of  the  city  might  be  brought  to  him.  So  Clayton  and 
Treby  went  to  him,  and  he  made  the  same  pretended  dis- 
covery to  them  over  again,  and  insinuated  that  he  was 
glad  it  was  now  in  safe  hands,  who  would  not  stifle  it.  The 
king  was  highly  offended  with  this,  since  it  plainly  shewed 
a  distrust  of  his  ministers :  and  so  Fitzharris  was  removed 
to  the  Tower,  which  the  court  resolved  to  make  the  prison 
for  all  offenders,  till  there  should  be  sheriffs  chosen  more 
at  the  king's  devotion.  Yet  the  deposition  made  to  Clayton 
and  Treby  was  in  all  points  the  same  that  he  had  made 
to  the  secretaries  :  so  that  there  was  no  colour  for  the 
pretence  afterward  put  on  this,  as  if  they  had  practised 
on  him. 

March  ai,  The  parliament  met  at  Oxford  in  March  :  the  king 
opened  it  with  severe  reflections  on  the  proceedings  of 
the  former  parliament l.  He  said  he  was  resolved  to 
maintain  the  succession  of  the  crown  in  the  right  line  :  but 
for  quieting  his  people's  fears,  he  was  willing  to  put  the 
administration  of  the  government  into  protestant  hands. 
This  was  explained  by  Ernly  and  Littleton  to  be  meant 
of  a  prince  regent,  with  whom  the  regal  prerogative  should 
be  lodged  during  the  duke's  life.  Jones  and  Littleton  a 
managed  the  debate  on  the  grounds  formerly  mentioned  : 
but  in  the  end   the   proposition   was   rejected,    and   they 

1  See   the   vivid   account    of    the  the  Secretaryship  by  Lord  Conway, 

meeting  in  North's Examen.  Sunder-  2  '  One  that  had  been  a  fierce  man 

land  was  now  dismissed,  and  did  not  of  that  party,  but  now  gained  by  the 

return    to   power  and   favour   until  Court.'     Reresby,  Memoirs,  209 ;  cf. 

July,    1682,   when   the    Duchess   of  vol.  i.  415,  451.     The   debates   are 

Portsmouth's     influence     prevailed.  printed    at    length,    London,    1681. 

Infra  339.      He  was   succeeded    in  See  also  Foxcroft's  Halifax,  i.  290. 


of  King  Charles  II.  285 

resolved  to  go  again  to  the  bill  of  exclusion,  to  the  great  Chap.  xi. 
joy  of  the  duke's  party,  who  declared  themselves  more 
against  this  than  against  the  exclusion  itself.  The  com- 
mons resolved  likewise  to  take  the  management  of  Fitz- 
harris's  matter  out  of  the  hands  of  the  court l  :  so  they 
carried  to  the  lords'  bar  an  impeachment  against  him, 
which  was  rejected  by  the  lords  upon  a  pretence  with 
which  lord  Nottingham  furnished  them.  It  was  this2 : 
Edward  the  Third  had  got  some  commoners  to  be  con- 
demned by  the  lords,  of  which  when  the  house  of  commons 
complained,  an  order  was  made  that  no  such  thing  should 
be  done  for  the  future.  Now  that  related  only  to  pro- 
ceedings at  the  king's  suit :  but  it  could  not  be  meant  that 
an  impeachment  from  the  commons  did  not  lie  against 
a  commoner.  Judges,  secretaries  of  state,  and  the  lord 
keeper  were  often  commoners:  so  if  this  was  good  law, 
here  was  a  certain  method  offered  to  the  court,  to  be 
troubled  no  more  with  impeachments,  by  employing  only 
commoners.  In  short,  the  peers  saw  the  design  of  this 
impeachment,  and  were  resolved  not  to  receive  it  :  and  so 
made  use  of  this  colour  to  reject  it.  Upon  that  the  com-  499 
mons  passed  a  vote,  that  justice  was  denied  them  by  the 
lords :  and  they  also  voted  that  all  those  who  concurred 
in  any  sort  in  trying  Fitzharris  in  any  other  court,  were 
betrayers  of  the  liberties  of  their  country.  By  these  steps 
which  they  had  already  made,  the  king  saw  what  might  be 
expected  from  them  :  so  very  suddenly,  and  not  very 
decently,  he  came  to  the  house  of  lords,  the  crown  being 

1  See  the  Journal  of  the  Lords  as  than  peers.  But,  as  Burnet  points 
to  this  matter ;  and  the  State  Trials  out,  that  referred  only  to  proceed- 
for  that  of  Fitzharris.     O.  ings  at  the  king's  suit.     The  Lords 

2  The  case  was  that  of  Sir  Simon  now  wanted  to  have  Fitzharris  tried 
de  Bereford  in  the  fourth  year  of  by  common  law.  Hallam,  Hist,  of 
Edward  II,  charged  with  participat-  Eng.  (sm.  ed.),  ii.  447,  448  ;  Somers 
ing  in  the  treason  of  Roger  Mortimer.  Tracts,  viii.  67,  for  a  full  discussion 
The  Lords  protested  with  the  assent  by  H.  Scobell  ;  Journals  of  the 
of  the  king  in  full  Parliament  that  House  of  Lords,  June  26,  27,  29, 
they  were  not  bound,  nor  had  power,  and  July  2,  1689. 

to    render  judgement   upon    others 


286 


The  History  of  the  Reign 


Chap.  XI.  carried  between  his  feet  in  the  sedan1 :  and  he  put  on  his 
robes  in  haste,  without  any  previous  notice,  and  called 
up   the   commons,   and    dissolved    the    parliament 2 ;   and 

March  28,  went  with  such  haste  to  Windsor,  that  it  looked  as  if  he 
*'  was  afraid  of  the  crowds  that  this  meeting  had  brought 
to  Oxford  3. 


CHAPTER  XII. 


REACTION  IN  FAVOUR  OF  THE  COURT. 

Immediately  upon  this  the  court  took  a  new  ply,  and 
things  went  in  another  channel :  of  which  I  go  next  to 
give  as  impartial  an  account  as  I  have  hitherto  given  of  the 


1  '  The  truth  of  the  matter  was, 
that  the  crown  was  put  in  the  bag 
with  the  robes,  and  sent  privately 
before,  to  prevent  any  suspicion  of 
the  dissolution.'  Higgons's  Remarks, 
223.  Compare  North's  Examen, 
105,  where  a  similar  account  is  given. 
R. 

2  See  the  Lindsey  MSS.  430 ; 
H.  M.  C.  Rep.  xiv.  App.  ix.  The 
dissolution  of  March  28,  i68f,  was 
directly  in  consequence,  not  of  the 
Fitzharris  dispute,  but  of  the  deter- 
mination of  the  Commons  to  insist 
upon  exclusion.  See  Christie,  Life 
of  Shaftesbury,  ii,  App.  vii.  p.  cxvi, 
and  Foxcroft's  Halifax,  i.  289, 
for  Shaftesbury's  final  attempt  to 
induce  the  king  to  nominate  Mon- 
mouth as  his  successor.  The  effect, 
inasmuch  as  the  Opposition  were 
robbed  (as  in  1629)  of  the  power  of 
constitutional  expression, was,  in  the 
words  of  Ranke  (iv.  135),  'as  if  a 
gust  of  wind  had  suddenly  scattered 
all  the  leaves  from  a  tree.'  The  king 
had  secured  his  independence  of 
Parliament  by  a  verbal  treaty, 
known  to  the   Duke  of  York  and 


Laurence  Hyde  alone  (id.  128. 
136),  with  Louis,  who  gave  him  five 
millions  of  livres  during  the  next 
three  years,  without  receipt.  So  well 
was  the  secret  kept  that  Preston. 
Ambassador  at  Paris,  was  ignorant 
of  it  in  1684.  H.  M.  C.  Rep.  vii.  394. 
Hyde  himself  was  anxious  for  another 
Parliament  in  alliance  with  the 
Church,  a  revival  of  the  ideas  of 
Clarendon  and  Danby  {supra  61). 
A  curious  sign  of  the  change  was — 
according  to  Reresby,  supported  by 
Luttrell — that  Oates's  allowance  of 
£600  a  year  was  reduced  to  forty 
shillings  a  week  ;  while  by  the  news- 
mongers he  was  degraded  from 
'  Dr.  Oates  '  to  '  Mr.  Titus.'  Fleming 
Papers,  1681,  September  4.  But  see 
also  Somers  Tracts,  viii.  378. 

3  I  have  been  told  by  several  of 
the  Whigs  themselves,  that  the  meet- 
ing had  more  the  air  of  a  Polish 
Diet  than  an  English  Parliament,  and 
that  Shaftesbury  and  his  party  made 
their  public  entry  with  great  numbers 
of  horsemen,  as  well  armed  as  the 
guards.     D.     Cf.  Ralph,  i.  467. 


of  King  Charles  II.  287 

plot,  and  of  all  that  related  to  it.  At  this  time  the  dis- Chap.  XII. 
tinguishing  names  of  Whig  and  Tory  came  to  be  the 
denominations  of  the  parties 1.  I  have  given  a  full  account 
of  all  errors  during  this  time  with  the  more  exactness,  to  warn 
posterity  from  failing  into  the  like  excesses,  and  to  make 
it  appear  how  mad  and  fatal  a  thing  it  is  to  run  violently 
into  a  torrent,  and  in  a  heat  to  do  those  things  which 
may  give  a  general  disgust,  and  to  set  precedents  to  others, 
when  times  turn,  to  justify  their  excesses,  by  saying  they 
do  only  follow  the  steps  of  those  who  went  before  them. 
The  shedding  so  much  blood  upon  such  doubtful  evidence 
was  like  to  have  proved  fatal  to  him  who  drove  all  these 
things  on  with  the  greatest  fury :  I  mean  the  earl  of 
Shaftesbury  himself.  And  the  strange  change  that  ap- 
peared over  the  nation  with  relation  to  the  duke,  from  such 
an  eager  prosecution  of  the  exclusion  to  an  indecent  courting 
and  magnifying  him.  not  without  a  visible  coldness  towards 
the  king  in  comparison  to  him,  shewed  how  little  men 
could  build  on  popular  heats,  which  have  their  ebbings  and 
flowings,  and  their  hot  and  cold  fits,  almost  as  constantly 
as  seas  or  fevers  have.  When  such  changes  happen,  those 
who  have  been  as  to  the  main  with  the  side  that  is  run 
down,  will  be  charged  with  all  the  errors  of  their  side,  how 

1  For   the  origin  of  these   names  ficative    as    well    as    ready,    being 

see    vol.     i.    73  ;     North's    Life     of  vernacular  in    Scotland  ...  for  cor- 

Lord  Guilford,  250;   Ranke,  iv.  122;  rupt  and  sour  whey.'     From  Gigan- 

Sitwell,    The  First  Whig;    for  Irish  tomachia,  or  a  Full  and  True  Relation 

Tories,  Essex  Papers,  i.  307.     There  of  the  great  and  bloody  fight  between 

is  a  list  in  Roger  North's  handwriting  three  pagan  knights  and  a  Christian 

of  names  apparently  thought  suitable  Giant    (London,    1682),    the    names 

for   his    opponents,   in    the    British  were  obviously  soon  familiar  : 

Museum.     The    second    of   these    is  <  But  Tories,  take  a  friend's  advice, 

'  Birmingham,'  and  in  the  Examen,  Well-wisher  to  your  nose  and  eyes, 

321,  the    following   occurs:    'Then  That  never  liked  this  enterprise, 

they  went  on,  and  styled  the  adver-  To  Whigland  so  delighting ; 

sary Birmingham protestants,alluding  Drink  for  the  Duke  while  you  can 

to  false  groats  counterfeited   at  that  stand 

place.  This  held  a  considerable  time  ;  Chase  all  Phanaticks  round  the  land, 

but  the  word  was  not  fluent  enough  With  glasses  ready  charged  in  hand, 

for  hasty  repartee,  and  so  the  lot  fell  But  pray  take  heed  of  fighting.' 
upon  Whig,  which  was  very  signi- 


288  The  History  of  the  Reign 

Chap.  XII.  much  soever  they  may  have  opposed  them.  I,  who  had 
been  always  in  distrust  of  the  witnesses,  and  dissatisfied 
with  the  whole  method  of  proceedings,  yet  came  to  be 
fallen  on,  not  only  in  pamphlets  and  poems,  but  even  in 
sermons,  as  if  I  had  been  an  incendiary,  and  a  main  stickler 
against  the  court,  and  in  particular  against  the  duke.  So 
500  upon  this  I  went  into  a  closer  retirement :  and  to  keep  my 
MS.  257.  mind  from  running  after  news  and  affairs,  I  set  |  myself  to 
the  study  of  philosophy  and  algebra.  I  diverted  myself 
with  many  processes  in  chemistry,  and  I  hope  I  went  into 
the  best  exercises,  from  which  I  had  been  much  diverted  by 
the  bustling  of  a  great  town  in  so  hot  a  time.  I  had  been 
much  trusted  by  both  sides,  and  that  is  a  very  dangerous 
state  ;  for  a  man  may  come  upon  that  to  be  hated  and  sus- 
pected by  both.  I  withdrew  much  from  all  conversation  : 
only  I  lived  still  in  a  particular  confidence  with  the  lords 
of  Essex  and  Russell l. 

April,i68j.  The  king  set  out  a  declaration  for  satisfying  his  people. 
He  reckoned  up  in  it  all  the  hard  things  that  had  been  done 
by  the  three  last  parliaments  ;  and  set  out  their  undutiful 
behaviour  to  himself  in  many  instances  :  yet  in  conclusion 
he  assured  his  good  subjects,  that  nothing  should  ever  alter 
his  affection  to  the  protestant  religion,  as  established  by 
law,  nor  his  love  to  parliaments :  for  he  would  still  have 
frequent  parliaments2.  When  this  passed  in  council,  the 
archbishop  of  Canterbury  moved,  that  an  order  should  be 

1  It  is  curious  that  Burnet  should  Shaftesbury's  patronage  of  Mon- 
leave  unnoticed,  until  treating  of  it  mouth  had  driven  away  many  sup- 
three  years  later  [infra 409s!,  the  visit  porters;  the  country  had  been 
of  William  of  Orange  to  Charles  growing  rich,  and  the  well-to-do 
at  this  time,  July  24,  i68r.  For  its  classes  especially  dreaded  the  advent 
objects  and  the  causes  of  its  failure,  of  another  Commonwealth  ;  as 
see  Ranke,  iv.  142,  &c.  Reresby  says,  Memoirs,  211,   'The 

2  The  references  to  the  troubles  truth  was  that  the  question  was  not 
preceding  the  Restoration  were  whether  the  Duke  should  succeed 
doubtless  most  effectual.  But  the  or  not,  but  whether  it  should  be 
violence  of  the  Whigs  had  alienated  monarchy  or  a  commonwealth.' 
all  moderate  men  ;  the  Popish  tenor  The  struggle  was  now  transferred 
was  practically  extinct ;  the  tension  to  the  courts  of  justice  and  the 
had   been    severe   and    prolonged  ;  press. 


of  King  Charles  II.  289 

added  to  it,  requiring  the  clergy  to  publish  it  in  all  the  Chap.  XII. 
churches  of  England.     This  was  looked  on  as  a  most  per- 
nicious  precedent,    by  which   the   clergy  were    made   the 
heralds  to  publish  the  king's  declarations,  which  in  some 
instances  might  come  to  be  not  only  indecent   but  mis- 
chievous.    An  answer  was  writ  to  the  king's  declaration 
with   great    spirit   and    true   judgment.      It    was    at   first 
penned  by  Sidney  *.     But   a  new  draught  was  made  by 
Somers,  and  corrected  by  Jones.     The  spirit  of  that  side 
was  now  spent :  so  that  this,  though  the  best  writ  paper  in 
all  that  time,  yet  had  no  great  effect.     The  declaration 
raised  over  England  a  humour  of  making  addresses  to  the 
king,  as  it  were  in  answer  to  it.     The  grand  juries  and  the 
bench  of  justices  in  the  counties,  the  cities  and  boroughs, 
the  franchises  and   corporations,  many  manors,  the  com- 
panies in  towns,  and  at   last   the  very  prentices,  sent  up 
addresses2.     Of  these  some  were  more  modestly  penned, 
and  only  expressed  their  joy  at  the  assurances  they  saw  in 
the  king's  declaration  ;  and  concluded,  that  they  upon  that 
dedicated  their  lives  and  fortunes  to  his  service.     But  the 
greater  number,  and  the  most  acceptable,  were  those  which 
declared  they  would  adhere  to  the  unalterable  succession 
of  the  crown,  in  the  lineal  and  legal  descent,  and  that  con- 
demned the  bill  of  exclusion.     Others  went  higher,  and 
arraigned  the  late  parliaments  as  guilty  of  sedition  and 
treason.     Some  reflected  severely  on  the  nonconformists,  501 
and  thanked  the  king  for  his  not  repealing  that  act  of  the 
35  of  queen  Elizabeth,  which  they  prayed  might  be  put  in 
execution  :i.     Some  of  the  addresses  were  very  high  pane- 
gyrics, in  which  the  king's   person  and  government  were 

1  Algernon  Sidney.  O.  It  is  2  It  was  begun  by  Cambridge  Urn- 
entitled  'A  Just  and  Modest  Vindi-  versityand  the  justices  of  Middlesex 
cation  of  the  Proceedings  of  the  Two  in  May,  1681. 

Last  Parliaments.'     The  authorship  3  Supra  278.    The  Act  was  now 

is  a  matter  of  great  doubt.     It  was  put  in  rigorous  execution  ;  dissenting 

claimed,   with  much  probability,  by  ministers  were  heavily  fined,  or  im- 

Ferguson  the  Plotter.     See  his  Life  prisoned  in  default, 
by  James  Ferguson,  57. 

VOL.  II.  U 


290  The  History  of  the  Reign 

Chap. XII.  much  magnified*1.  Many  of  those  who  brought  these  up 
were  knighted  upon  it,  and  all  were  well  treated  at  court. 
Many  zealous  healths  were  drunk  among  them,  and  in  their 
cups  the  old  valour  and  the  swaggerings  of  the  cavaliers 
seemed  to  be  revived.  The  ministers  saw  through  this, 
and  that  it  was  an  empty  noise  and  a  false  shew ;  yet  it 
was  thought  necessary  then  to  encourage  it,  though  lord 
Halifax  could  not  restrain  himself  from  shewing  his  con- 
tempt of  it,  in  a  saying  that  was  much  repeated.  He  said 
the  petitioners  for  a  parliament  spit  in  the  king's  face,  but 
the  addressers  spit  in  his  mouth.  As  the  country  sent  up 
addresses,  so  the  town  sent  down  pamphlets  of  all  sorts,  to 
possess  the  nation  much  against  the  late  parliaments :  and 
the  clergy  struck  up  to  a  higher  note,  with  such  zeal  for 
the  duke's  succession,  as  if  a  popish  king  had  been  a  special 
blessing  of  heaven,  to  be  much  longed  for  by  a  protestant 
church.  They  likewise  gave  themselves  such  a  loose  against 
nonconformists,  as  if  nothing  was  so  formidable  as  that 
party.  So  that  in  all  their  sermons  popery  was  quite 
forgot,  and  the  force  of  their  zeal  was  turned  almost 
wholly  against  the  dissenters ;  who  were  now  by  order 
from  the  court  to  be  proceeded  against,  according  to  law. 
There  was  also  a  great  change  made  in  the  commissions 
all  England  over.  None  were  left  either  on  the  bench  or 
in  the  militia,  that  did  not  with  zeal  go  in  to  the  humour  of 
the  court.  And  such  of  the  clergy  as  would  not  engage  in 
that  fury  were  cried  out  on  as  the  betrayers  of  the  church, 
and  as  secret  favourers  of  the  dissenters.  The  truth  is,  the 
numbers  of  these  were  not  great :  one  observed  right,  that, 
according  to  the  proverb  in  the  gospel,  where  the  carcase  is, 
the  eagles  will  be  gathered  together.  The  scent  of  prefer- 
ment will  draw  aspiring  men  after  it. 

Fitzharris's  trial  came  on  in  Easter  term.     Scroggs  was 

n  A  line  and  a  half  have  been  erased  here,  of  which  I  can  only  read  this  : 
The  flattery  was  so  gross  that  many  .  .  .  papers  were  .  .  .  flatterers  the  gravest  of 
divines.  

1  See  Oldmixon,  History  of  Addresses  (1709),  i.  25-54. 


of  King  Charles  II.  291 

turned  out,  and  Pemberton  was  made  chief  justice1.  His  Chap.  XII. 
rise  was  so  particular,  that  it  is  worth  the  being  remembered. 
In  his  youth  he  mixed  with  such  lewd  company,  that  he 
quickly  spent  all  he  had,  and  run  so  deep  in  debt,  that 
he  was  cast  into  a  jail,  where  he  lay  many  years :  but  he 
followed  his  studies  so  close  in  the  jail,  that  he  became 
one  of  the  ablest  men  of  his  profession.  He  was  not 
wholly  for  the  court.  He  had  been  a  judge  before,  and  was 
turned  out  by  Scroggs's  means :  and  now  he  was  raised  502 
again,  and  was  afterwards  made  chief  justice  of  the  other 
bench :  but  not  being  compliant  enough,  he  was  |  turned  MS.  258. 
out  a  second  time,  when  the  court  would  be  served  by  none 
but  by  men  of  a  thoroughpaced  obsequiousness.  Fitzharris 
pleaded  the  impeachment  in  parliament :  but  since  the  lords 
had  thrown  that  out,  it  was  overruled.  He  pretended  he 
could  discover  the  secret  of  Godfrey's  murder.  He  said 
he  heard  the  earl  of  Danby  say  at  Windsor,  that  it  must  be 
done  :  but  when  the  judge  told  the  grand  jury,  that  what 
was  said  at  Windsor  did  not  lie  before  them,  Fitzharris 
immediately  said,  he  had  heard  him  say  the  same  thing  at 
Whitehall.  This  was  very  gross  :  yet  upon  so  slight  an 
evidence  they  found  the  bill  against  the  lord  Danby 2.  And 
when  they  were  reproached  with  it,  they  said  a  dubious 
evidence  was  a  sufficient  ground  for  a  grand  jury  :  yet 
another  doctrine  was  set  up  by  the  same  sort  of  men 
within  a  few  months. 

Plunket,  the  popish  primate  of  Armagh,  was  at  this  time 
brought  to  his  trial.     Some  lewd  Irish  priests 3,  and  others 

1  Fitzharris   had,  it   must   be   re-  a  Fitzharris  confessed  to  Dr.  Haw- 

membered,    accused    the    Catholics,  kins  {infra  294)  that  he  had  been  put 

and  was   therefore   to    suffer.     But  on  by  Bethel  and  Cornish,  at  Shaftes- 

Scroggs  was  not  sufficiently  in  the  bury's  instigation,  to  accuse  Danby 

court  interest  to  be  trusted,  and  had  of  Godfrey's  murder,  since  that  crime 

consequently  been  disgraced  in  1680.  was   not    included    in    his   pardon. 

For     Pemberton's     character,     see  Danby  Papers,  Add.   MSS.  23,043, 

North's  Life  of  Guilford,  291 ;   Lut-  f.  59.     See  also  Salmon's  Examina- 

trell,  i.  74.     He  was  Chief  Justice  of  tion,  833. 

the  King's  Bench  from  April,  1681,  *  Especially    Friar    John    Moier. 

to  Jan.  i68| .    Cf.  infra  347.  For  the  kind  of  evidence  upon  which 

U  2 


292  The  History  of  the  Reign 

Chap.  XII.  of  that  nation,  hearing  that  England  was  at  that  time  dis- 
posed to  hearken  to  good  swearers,  they  thought  themselves 
well  qualified  for  the  employment :  so  they  came  over  to 
swear  that  there  was  a  great  plot  in  Ireland,  to  bring  over 
a  French  army,  and  to  massacre  all  the  English.  The 
witnesses  were  brutal  and  profligate  men  :  yet  the  earl  of 
Shaftesbury  cherished  them  much.  They  were  examined 
by  the  parliament  at  Westminster,  and  what  they  said  was 
believed.  Upon  that  encouragement  it  was  reckoned  that 
we  should  have  witnesses  come  over  in  whole  companies. 
Lord  Essex  told  me  that  this  Plunket  was  a  wise  and  sober 
man1,  who  was  always  in  a  different  interest  from  the  two 
Talbots  2,  the  one  being  the  titular  archbishop  of  Dublin, 
and  the  other  raised  afterwards  to  be  duke  of  Tyrconnell. 
These  were  meddling  and  factious  men  ;  whereas  Plunket 
was  for  their  living  quietly,  and  in  due  submission  to  the 
government,  without  engaging  into  intrigues  of  state.  Some 
of  these  priests  had  been  censured  by  him  for  their  lewd- 
ness :  and  they  drew  others  to  swear  as  they  directed  them. 
They  had  appeared  the  winter  before  upon  a  bill  offered 
to  the  grand  jury  :  but  as  the  foreman  of  the  jury,  who  was 
a  zealous  protestant,  told  me,  they  contradicted  one  another 
so  evidently  that  they  would  not  find  the  bill.  But  now 
they  laid  their  story  better  together,  and  swore  against  him 
that  he  had  got  a  great  bank  of  money  to  be  prepared, 
503  and  that  he  had  an  army  listed,  and  was  in  a  correspondence 
with  France  to  bring  over  a  fleet  from  thence.  He  had 
nothing  to  say  in  his  own  defence,  but  to  deny  all  :  so  he 
was  condemned,  and  suffered  very  decently,  expressing 
July  1.  many  particulars  as  became  a  bishop.  He  died  denying 
himself  in  every  thing  that  had  been  sworn  against  him  3. 

Oliver  Plunket  was  judicially  mur-  see  the  quotation  from  Lingard  in  a 

dered,  see— beside  the  State  Trials —  following  note. 

H.  M.  C.  Rep.  vi.  744.     It  is  painful  l  See  Essex  Papers,  i.  126,  where 

to  find  such  a  man  as  Essex  taking  Essex  confirms  this  view,  in  1673. 
part  in  the  initial  stages  of  this  in-  2  Peter  and  Richard  Talbot  were 

famous  affair.     MSS.  of  the  House  of  brothers.     Id.  222,  and  vol.  i.  312. 
Lords,  id.  Rep.  xi,  App.  ii.  168.    But  3  When  the  Earl  of  Essex,  who 


of  King  Charles  II.  293 

Fitzharris  was  tried  next  :  and  the  proof  was  so  full  that  Chap.  XII. 
he  was  cast.  He  moved  in  court  that  I  might  be  ordered 
to  come  to  him,  upon  what  reason  I  could  never  imagine. 
A  rule  was  made  that  I  might  speak  with  him,  in  the 
presence  of  the  lieutenant  of  the  Tower.  I  went  to  him, 
and  pressed  him  vehemently  to  tell  the  truth,  and  not  to 
deceive  himself  with  false  hopes.  I  charged  him  with  the  im- 
probabilities of  his  discovery,  and  laid  home  to  him  the  sin 
of  perjury,  chiefly  in  matters  of  blood,  so  fully,  that  the 
lieutenant  of  the  Tower  made  a  very  just  report  of  it  to  the 
king,  as  the  king  himself  told  me  afterwards.  When  he  saw 
there  was  no  hope,  he  said  the  lord  Howard  was  the  author 
of  the  libel.  Howard  was  so  ill  thought  of,  that,  it  being 
known  that  there  was  a  familiarity  between  Fitzharris  and 
him,  it  was  apprehended  from  the  beginning  that  he  was 
concerned  in  it.  I  had  seen  him  in  lord  Howard's  company, 
and  had  told  him  how  indecent  it  was  to  have  such  a  man 
about  him.  He  said  he  was  in  want,  and  was  as  honest  as 
his  religion  would  suffer  him  to  be.  I  found  out  afterwards 
that  he  was  a  spy  of  the  lady  Portsmouth's  :  and  that  he 
had  carried  lord  Howard  to  her :  and,  as  lord  Howard  him- 
self told  me,  she  brought  the  king  to  talk  with  him  twice 
or  thrice.  The  king,  as  he  said,  entered  into  a  particular 
scheme  with  him  of  the  new  frame  of  his  ministry  in  case 
of  an  agreement,  which  seemed  to  him  to  be  very  near. 
As  soon  as  I  saw  the  libel,  I  was  satisfied  that  lord  Howard 
was  not  concerned  in  it.  It  was  so  ill  drawn,  and  so  little 
disguised  in  the  treasonable  part,  that  none  but  an  Irish  man 
of  the  lowest  form  could  be  capable  of  making  it.  The 
report  of  lord  Howard's  being  charged  with  this  was  over 

had  been  Lord  Lieutenant  of  Ireland,  of  Eng.  xiii.  283.   Echard  says  he  had 

solicited  his  pardon,  declaring  from  it  '  from  an  unquestionable  hand.'  Cf. 

his  own  knowledge  that  the  charge  Burnet's  own  remark  in  the  case  of 

against  him  could  not  be  true,  the  Coleman,    supra   178.     'It    was  not 

king  indignantly  replied,  'Then,  my  in  the  king's  power  to  pardon  him, 

lord,  be  his  blood  on  your  own  con-  while  the  tide  went  so  high.'  Plunket 

science.  You  might  have  saved  him,  and  Fitzharris  were  executed  on  the 

if  you  would.      I  cannot  pardon  him,  same  day,  July  1,  according  to  Foun- 

because  I  dare  not.'     Lingard's  Hist.  tainhall,  Hist.  Obs.  43. 


294  The  History  of  the  Reign 

Chap.  xii.  the  whole  town  a  day  before  any  warrant  was  sent  out 
against  him  ;  which  made  it  appear,  that  the  court  had 
a  mind  to  give  him  time  to  go  out  of  the  way.  He  came 
to  me,  and  solemnly  vowed  he  was  not  at  all  concerned  in 
that  matter :  so  I  advised  him  not  to  stir  from  home.  He 
was  committed  that  night.  I  had  no  liking  to  the  man's 
temper,  but  he  insinuated  himself  so  into  me,  that,  without 
504  being  rude  to  him,  it  was  not  possible  to  avoid  him.  He 
was  a  man  of  a  pleasant  conversation :  but  he  railed  so 
indecently  both  at  the  king  and  the  clergy,  that  I  was  very 
uneasy  in  his  company:  yet  now  during  his  imprisonment 
I  did  him  all  the  service  I  could  :  but  Algernon  Sidney 
took  his  concerns  and  his  family  so  to  heart,  and  managed 
every  thing  relating  to  him  with  that  zeal  and  that  care, 
that  none  but  a  monster  of  ingratitude  could  have  made 
him  the  return  that  he  did  afterwards.  When  the  bill 
against  lord  Howard  was  brought  to  the  grand  jury, 
Fitzharris's  wife  and  maid  were  the  two  witnesses  against 
him  :  but  they  did  so  evidently  forswear  themselves,  that 
the  attorney  general  withdrew  it.  Lord  Howard  lay 
in  the  Tower  till  the  Michaelmas  Term,  and  came  out 
by  the  Habeas  corpus.     I  went  no  more   to   Fitzharris. 

MS.  259.  But  Hawkins,  the  minister  of  the  Tower,  took  him  into  his 
management ;  and  prevailed  with  him  not  only  to  deny  all 
his  former  discovery,  but  to  lay  it  on  Clayton,  Treby,  and 
the  sheriffs,  as  a  subornation  of  theirs,  though  it  was 
evident  that  that  was  impossible  to  be  true  :  yet  at  the 
same  time  he  writ  letters  to  his  wife,  who  was  not  then 
admitted  to  him,  which  I  saw  and  read,  in  which  he  told 
her,  how  he  was  practised  upon  with  the  hopes  of  life  that 
were  given  him,  but  that  all  these  pretended  discoveries  he 
now  made  were  falsehoods,  only  said  by  him  to  save  his 
life.  He  charged  her  to  swear  falsely  against  none.  One 
July  1.  of  these  was  writ  that  very  morning  in  which  he  suffered  : 
and  yet  before  he  was  led  out,  he  signed  a  new  paper  con- 
taining the  former  charge  of  subornation,  and  put  it  in 
Hawkins's  hands.     And  at  Tyburn  he  referred  all  he  had 


of  King  Charles  II. 


295 


to  say  to  that  paper,  which  was  immediately  published :  Chap.  XII. 
but  the  falsehood  of  it  was  so  very  notorious,  that  it  shewed 
what  a  sort  of  man  Hawkins  was :  yet  he  was  soon  after 
rewarded  for  this  with  the  deanery  of  Chichester  l.  But 
when  the  court  heard  what  letters  Fitzharris  had  writ  to 
his  wife,  they  were  confounded :  and  all  further  discourse 
about  him  was  stifled,  but  the  court  practised  on  her  by  the 
promise  of  a  pension  so  far,  that  she  delivered  up  all  her 
husband's  letters  to  them.  But  so  many  had  seen  them 
before  that,  that  this  base  practice  turned  much  to  the 
reproach  of  all  their  proceedings2. 

Soon  after  this,  Dugdale,  Turberville,  Smith,  and  the 
Irish  witnesses,  came  under  another  management,  and  they 
discovered  a  plot  laid  against  the  king  to  be  executed  at 
Oxford  :  the  king  was  to  be  killed,  and  the  government 
was  to  be  changed.     One  College,  a  joiner  by  trade  3,  was 


1  He  was  not  made  Dean  of 
Chichester  before  the  year  1688, 
and  was  probably  the  person  of  that 
name  who  had  been  suspended  by 
King  James's  commissioners  for 
refusing  to  read  the  declaration  for 
liberty  of  conscience,  whilst  the 
prosecution  of  the  bishops  was  carry- 
ing on.  Dean  Hawkins  married  the 
worthy  Isaac  Walton's  daughter, 
and  was  father  of  the  author  of  the 
Pleas  of  the  Crown,  and  grandfather 
of  Dr.  William  Hawkins,  professor 
of  poetry  in  Oxford.     R. 

2  She  was  recommended  for  some 
provision  to  King  William  by  the 
House  of  Commons.  See  their 
Journal  of  June  15,  1689,  where 
there  is  a  report  of  her  case  by  a 
committee.  O.  See  Echard's  ac- 
count of  Fitzharris's  behaviour  when 
he  suffered,  pp.  1010,  ion  of  his 
History  of  England.  Higgons  ob- 
serves, that '  if  the  court  through  the 
influence  of  Dr.  Hawkins  had  pre- 
vailed on  Fitzharris  to  accuse  the 
sheriffs  falsely  of  subornation,  they 


must  at  least  have  tempted  him  with 
a  promise  of  life  ;  afterwards,  when 
they  broke  their  word,  and  he  came 
to  die,  if  it  were  only  in  revenge,  he 
would  certainly  have  told  the  truth, 
and  discovered  the  knavery.'  Re- 
marks on  this  Hist.  230.  But  com- 
pare Hume's  Hist,  of  Eng., Charles  1 1, 
157,  8vo.  ed.,  where  it  is  suggested 
that  Fitzharris  hoped  some  favour 
might  be  shown  to  his  family,  his 
wife  being  connected  with  the 
favourite  maid  of  the  Duchess  of 
Portsmouth.  And  indeed  no  reli- 
ance is  to  be  placed  on  the  testimony 
of  such  a  notorious  rogue  either 
living  or  dying.  See  also  Ralph, 
i.  604.     R. 

3  See  North's  Autobiography  (ed. 
1890),  158  ;  Examen,  585,  &c.  The 
trial  lasted  continuously  from  9  a.m. 
until  2  a.m.  the  following  morning. 
College  was  executed  on  Aug.  3r, 
after  Shaftesbury's  committal.  See 
the  note  to  Hallam,  Hist,  of  Eng.  ii. 
450,  on  the  flagrant  iniquity  of  this 
trial. 


296  The  History  of  the  Reign 

Chap. XII.  an  active  and  hot  man,  and  came  to  be  known  by  the  name 
of  the  Protestant  joiner.     He  was  first  seized  on  :  and  the 
witnesses  swore  many  treasonable  speeches  against  him. 
505  He  was  believed  to  have  spoken  oft  with  great  indecency 
of  the  king,  and  with  a  sort  of  threatening  that  they  would 
make  him  pass  the  bill  of  exclusion.     But  a  design  to  seize 
on  the  king  was  so  notorious  a  falsehood,  that,  notwith- 
standing   all    that    the    witnesses  swore,    the  grand   jury 
returned  ignoramus  on  the  bill.     Upon  this  the  court  cried 
out  against  the  juries  now  returned,  because  they  would 
not  do  the  king  justice,  though  the  matter  of  the  bill  was 
sworn  by  witnesses  whose  testimony  was  so  well  believed 
a  few  months  before.     It  was  commonly  said  these  juries 
would  believe  every  thing  one  way,  and  nothing  the  other. 
If  they  had  found  the  bill,  so  that  College  had  been  tried 
upon  it,  he  would  have  been  certainly  saved  :  but  since  the 
witnesses  swore  that  he  went  to  Oxford  on  that  design,  he 
was  triable  there.     North  went  to  Oxford,  College  being 
carried  thither,  and  tried  him  there.     North's  behaviour  in 
that  whole  matter  was  such,  that  probably  if  he  had  lived 
to  see  an  impeaching  parliament  he  might  have  felt  the  ill 
effects  of  it 1.     The  witnesses  swore  several   treasonable 
words  against  College,  and  that  his  coming  to  Oxford  was 
in  order  to  the  executing  these :  so  here  was  an  overt  act. 
College  was  upon  a  negative  :  so  he  had  nothing  to  say  for 
himself,  but  to  shew  how  little  credit  was  due  to  the  wit- 
August  31,  nesses.     He  was  condemned,  and  suffered  with  great  con- 
l68l>     stancy,  and   appearances  of  devotion.     He  denied  all  the 
treasonable  matter  that  had  been  sworn  against  him,  or 
that  he  knew  of  any  plot  against  the  king.     He  confessed 
that  a  great   heat  of  temper   had  carried  him  to   many 
undutiful  expressions  of  the  king,  but  protested  he  was  in 
no  design  against  him.     And  now  the  court  intended  to 
set  the   witnesses   against  all  the  hot  party ;    which  was 
plainly  murder  in  them,  who  believed  them  false  witnesses, 
and  yet  made  use  of  them  to  destroy  others.     One  passage 

1  Cf.  Ralph,  i.  632. 


of  King  Charles  II.  297 

happened  at  College's  trial  which  quite  sunk  Dugdale's  Chap. XII. 
credit.  It  was  objected  to  him  by  College,  to  take  away 
his  credit,  that,  when  by  his  lewdness  he  had  got  the 
French  pox,  he  to  cover  that  gave  it  out  that  he  was 
poisoned  by  papists  :  upon  which  he,  being  then  in  court, 
and  upon  oath,  protested  solemnly  that  he  never  had 
that  disease  ;  and  said  that  if  it  could  be  proved  by  any 
physician  that  he  ever  had  it,  he  was  content  that  all 
the  evidence  he  had  ever  given  should  be  discredited  for 
ever.  And  he  was  taken  at  his  word  :  for  Lower,  who  was 
then  the  most  celebrated  physician  in  London,  proved  at 
the  council  board  that  he  had  been  under  cure  in  his  hands 
for  that  disease  ;  which  was  made  out  both  by  his  bills  and 
the  apothecary  that  served  them.  So  he  was  never  more  506 
heard  of.  The  earl  of  Shaftesbury  was  committed  next l, 
and  sent  to  the  Tower  upon  the  evidence  of  the  Irish 
witnesses.  His  papers  were  at  the  same  time  seized  on 
and  searched  :  nothing  material  was  found  among  them, 
but  a  draught  of  an  association,  by  which  the  king,  if  it  had 
taken  place,  would  have  reigned  only  at  the  discretion  of 
the  party.  This  was  neither  writ  nor  marked  in  any  place 
with  his  hand.  But  when  there  was  a  talk  of  an  associa- 
tion, some  had  formed  this  paper,  and  brought  it  to  him  ; 
of  which  he  always  professed,  after  the  matter  was  over, 
that  he  remembered  nothing  at  all.  So  |  it  is  probable,  MS.  260. 
that,  as  is  ordinary  that  when  any  great  business  is  before 
the  parliament  zealous  men  are  at  the  doors  with  their 
several  draughts,  this  was  one  of  these,  cast  carelessly  by, 
and  not  thought  on  by  him  when  he  had  sent  his  more 
valuable  papers  out  of  the  way.  There  was  likewise  but 
one  witness  that  could  swear  to  its  being  found  there  : 
and  that  was  the  clerk  of  the  council,  who  had  perused 
those    papers  without   marking  them  in  the    presence  of 

1  Shaftesbury  was  committed  be-  bury,  ii.   412.      But   see    also    Fox- 
fore    College's    execution,    viz.    on  croft's     Life    of    Halifax,     i.     301, 
July   2,    1681,  upon    the   advice    of  note. 
Halifax.     Christie,    Life  of  Shaftes- 


298  The  History  of  the  Reign 

Chap.  XII.  any  witnesses,  as  taken  among  lord  Shaftesbury's  papers l. 
There  was  all  this  summer  strange  practising  with  witnesses 
to  find  more  matter  against  him.  Wilkinson,  a  prisoner  for 
debt  that  had  been  often  with  him,  was  dealt  with  to  accuse 
him 2.  The  court  had  found  out  two  solicitors  to  manage 
such  matters,  Burton  and  Graham,  who  were  indeed  fitter 
men  to  have  served  in  a  court  of  inquisition  than  in  a  legal 
government.  It  was  known  that  lord  Shaftesbury  was 
apt  to  talk  very  freely,  a  and  without  discretion*:  so  the 
two  solicitors  sought  out  all  that  had  frequented  his  com- 
pany ;  and  tried  what  they  could  draw  from  them,  not  by  a 
barefaced  subornation,  but  by  telling  them  they  knew  well 
that  lord  Shaftesbury  had  talked  such  and  such  things, 
which  they  named,  that  were  plainly  treasonable,  and  they 
required  them  to  attest  it,  if  they  did  ever  hear  such  things 
from  him  :  and  they  made  them  great  promises  upon  their 
telling  the  truth.  So  that  they  gave  hints,  and  made 
promises  to  such  as  by  swearing  boldly  would  deserve 
them,  and  yet  kept  themselves  out  of  the  danger  of 
subornation,  having  witnesses  in  some  corner  of  their 
chamber  that  overheard  all  their  discourse.  This  was  their 
common  practice,  of  which  I  had  a  particular  account  from 
some  whom  they  examined  with  relation  to  my  self.  In  all 
507  this  foul  dealing  the  king  himself  was  believed  to  be  the 
chief  director ;  and  lord  Halifax  was  thought  deep  in  it, 
though  he  always  expressed  an  abhorrence  of  such  practices 
to  me  3. 

a  these  words  are  struck  out. 


1  The  chief  witness  against  Shaftes-  Christie,  Life  of  Shaftesbury,  ii.  414, 

bury  was  Haynes,  whom  he  had  be-  417. 

friended.  Hatton  Correspondence,  ii.  1.  2  See   The  Information  of  Captain 

His  petition  for  bail  under  the  Ha-  Henry  Wilkinson  of  what  hath  passed 

beas  Corpus  Act  was  refused  by  the  between  hint  and  some  other  persons 

judges  on  the  ground  that  the  Tower  who   have  attempted  to  prevail  with 

was   not  within    their  jurisdiction.  him  to  swear  high  treason  against  the 

His  attempt  to  indict  the  informers  Earl  of  Shaftesbury.     8vo.     i68r. 

failed,  as  did  his  offer  to  the  king  3  See  Foxcroft's  Halifax,  i.  436. 
to   retire   to   Carolina    if   released. 


of  King  Charles  II.  299 

His  resentments  wrought  so  violently  on  him,  that  heCHAP.Xll. 
seemed  to  be  gone  off  from  all  his  former  notions.  He 
pressed  me  vehemently  to  accept  of  preferment  at  court ; 
and  said,  if  I  would  give  him  leave  to  make  promises  in  my 
name,  he  could  obtain  for  me  any  preferment  I  pleased  : 
but  I  would  enter  into  no  engagements.  I  was  contented 
with  the  condition  I  was  in,  which  was  above  necessity, 
though  below  envy.  The  mastership  of  the  Temple  was 
like  to  fall,  and  I  liked  that  better  than  any  thing  else.  So 
both  lord  Halifax  and  Clarendon  moved  the  king  in  it,  who 
promised  I  should  have  it ;  upon  which  lord  Halifax  carried 
me  to  the  king.  I  had  reason  to  believe  that  he  was  highly 
displeased  with  me  for  what  I  had  done  a  year  before. 
Mrs.  Roberts,  whom  he  had  kept  for  some  time,  sent  for 
me  when  she  was  a  dying.  I  saw  her  often  for  some 
weeks,  and  among  other  things  I  desired  her  to  write 
a  letter  to  the  king,  expressing  the  sense  she  had  cf  her 
past  life  :  and  at  her  desire  I  drew  such  a  letter  as  might 
be  fit  for  her  to  write  :  but  she  never  had  strength  enough 
to  write  it.  So  upon  that  I  resolved  to  write  a  very  plain 
letter  to  the  king 1.  I  set  before  him  his  past  ill  life, 
and  the  effects  it  had  on  the  nation,  with  the  judgments 
of  God  that  lay  on  him  ;  and  that  was  but  a  small  part  of 
the  punishment  that  he  might  look  for.  I  pressed  him 
upon  that  earnestly  to  change  the  whole  course  of  his  life. 
I  carried  this  letter  to  Chiffinch  on  the  twenty-ninth  of 
January ;  and  told  the  king  in  the  letter,  that  I  hoped  the 
reflections  on  what  had  befallen  his  father  on  the  thirtieth 
of  January,  might  move  him  to  consider  these  things  more 
carefully.  Lord  Arran  happened  to  be  then  in  waiting,  and 
he  came  to  me  next  day,  and  told  me  he  was  sure  the  king 
had  a  long  letter  from  me  ;  for  he  held  the  candle  to  him 
while  he  read  it :  he  knew  at  all  that  distance  that  it  was 
my  hand.  The  king  read  it  twice  over,  and  then  threw  it 
in  the  fire :  and  not  long  after  lord  Arran  took  occasion  to 

1  Rawlinson  Papers,   Add.   MSS.       whole  letter  is  quoted  in  the  Life  of 
D.  23,  fol.  5,  Jan.  29,  168J.     The       the  Author,  at  the  end  of  the  History. 


300  The  History  of  the  Reign 

Chap.  XII.  name  me,  and  the  king  spoke  of  me  with  great  sharpness : 
so  he  perceived  that  he  was  not  pleased  with  my  letter. 
Nor  was   the   king   pleased   with   my  being   sent  for  by 

July,  1680.  Wilmot  earl  of  Rochester,  when  he  died.  He  fancied  that 
he  had  told  me  many  things  of  which  I  might  make  an  ill 
use :  yet  he  had  read  the  book  that  I  writ  concerning  him, 
508  and  spoke  well  of  it.  In  this  state  I  was  in  the  king's 
thoughts,  when  lord  Halifax  carried  me  to  him,  and  intro- 
duced me  with  a  very  extraordinary  compliment,  that  he 
did  not  bring  me  to  the  king  to  put  me  in  his  good  opinion 
so  much  as  to  put  the  king  in  my  good  opinion  :  and  added, 
he  hoped  that  the  king  would  not  only  take  me  into  his 
favour  but  into  his  heart.  The  king  had  a  peculiar  faculty 
of  saying  obliging  things  with  a  very  good  grace :  among 
other  things  he  said,  he  knew  that  if  I  pleased  I  could  serve 
him  very  considerably ;  and  that  he  desired  no  service 
from  me  longer  than  he  continued  true  to  the  church  and 
to  the  law.  Lord  Halifax  upon  that  added  that  the  king 
knew  he  served  him  on  the  same  terms,  and  was  to  make 
his  stops.     The  king  and  he  fell  into  some  discourse  about 

MS.  261.  religion.  Lord  Halifax  said  to  the  king  that  he  was  |  the 
head  of  his  church  x  :  to  which  the  king  answered  a  that  he 
did  not  desire  to  be  the  head  of  nothing  ;  for  indeed  he 
was  of  no  church.  From  that  the  king  run  out  into  much 
discourse  about  lord  Shaftesbury,  who  was  shortly  to  be 
tried.  He  complained  with  great  scorn  of  the  imputation 
of  subornation  that  was  cast  on  himself.  He  said  he  did 
not  wonder  that  the  earl  of  Shaftesbury,  who  was  so  guilty 
of  those  practices,  should  fasten  them  on  others ;  and  he 
used  upon  that  a  Scotch  proverb  very  pleasantly,  '  At 
doomsday  we  shall  see  whose  arse  is  blackest.'  The  dis- 
course lasted  half  an  hour  very  hearty  and  free :  so  I  was 
in  favour  again,  but  I  could  not  hold  it.     I  was  told  I  kept 

a  pleasantly  struck  out. 


1  Charles  made  precisely  the  same  remark  about  Sir  Robert  Moray;  vol. 
104,  note  4. 


of  King  Charles  II.  301 

ill  company  :  the  persons  lord  Halifax  named  to  me  were  Chap.  XII. 
the  earl    of  Essex,   lord    Russell,  and  Jones :    but  I  said 
I  would  upon  no  consideration  give  over  conversing  with 
my  friends  ;  and  so  I  was  where  I  was  before. 

A  bill  of  indictment  was  presented  to  the  grand  jury  Nov.  24, 
against  lord  Shaftesbury1:  the  jury  was  composed  of 
many  of  the  chief  citizens  of  London.  The  witnesses  were 
examined  in  open  court,  contrary  to  the  usual  custom.  The 
witnesses  swore  many  incredible  things  against  him,  mixed 
with  other  things  that  looked  very  like  his  extravagant  way 
of  talking.  The  draught  of  the  association2  was  also  brought 
as  a  proof  of  his  treason,  though  it  was  not  laid  in  the 
indictment,  and  was  proved  only  by  one  witness.  The 
jury  returned  ignoramus  upon  the  bill 3.  Upon  this  the 
court  did  declaim  with  open  mouth  against  these  juries,  in 
which  they  said  the  spirit  of  the  party  did  appear,  since  men 
even  upon  oath  shewed  they  were  resolved  to  find  bills  or 
ignoramus,  as  they  pleased,  without  regarding  the  evidence  : 
and  upon  this  a  new  run  of  addresses  went  round  the 
kingdom  4,  in  which  they  expressed  their  abhorrence  of  that  509 

1  Aspecial  commission  was  opened  1681.  In  the  Kenyon  MSS.,  H.  M.  C. 
on  Nov.  24,  1681.  Shaftesbury  was  Rep.xiv,  Part  iv.  136,  there  is  notice 
charged  under  the  treason  Act  of  the  of  an  '  Abhorrence  meeting  at  Wigan ' 
13th  of  Charles  II.  Pemberton  pre-  on  Feb.  18,  i68|,  and  of  an  address 
sided  and  endeavoured  to  coerce  of  the  notables  of  Lancashire  on 
the  grand  jury.  As  to  his  opinion  April  ax,  1682.  Id.  139.  Red  and 
of  the  duties  of  a  grand  jury,  see  blue  ribbons  were  now  worn  by  the 
Christie,  Life  of  Shaftesbury,  ii.  422,  adherents  of  James  and  the  Duke  of 
425.  Monmouth    respectively.       Luttrell, 

2  Unsigned,  and  not  in  Shaftes-  111.  For  the  importance  of  the 
bury's  handwriting.  See  Somers  association,  as  establishing  an  im- 
Tracts,  vii.  308.  perium  in  imperio,  see   the  remarks 

3  North's  Life  of  Guilford,  219.  in  Ranke,  iv.  149.  Magistrates  of 
'A  certain  monster  called  "  Igno-  the  Shaftesbury  faction  were  every- 
ramus."  '  '  The  reign  of  ignoramus  where  turned  out,  and  the  penal 
still  on  foot.'     Id.  235.  laws  severely  executed.     The  Vice- 

4  Dorset  and  Somerset  began  the  Chancellor  of  Cambridge,  addressing 
addresses,  followed  by  Middlesex.  the  king,  declared  that  he  reigned 
Oldmixon,  History  of  Addresses,  i.  'by  a  fundamental  hereditary  right 
54.  See  The  Security  of  English-  of  succession,  which  no  religion,  no 
men's  Lives,  or  the  Trust,  Power,  and  law,  no  fault,  can  alter  or  diminish.' 
Duty  of  the  Grand  Juries  of  England,  Oxford  followed  in  the  same  strain  ; 


302  The  History  of  the  Reign 

Chap.  XII.  association  found  in  lord  Shaftesbury's  cabinet1,  and  com- 
plained that  justice  was  denied  the  king  ;  which  was  set  off 
with  all  the  fulsome  rhetoric  that  the  penners  could  varnish 
them  with.  These  were  generally  believed  to  be  penned 
by  the  clergy,  among  whom  the  duke's  health  was  now 
always  drunk  with  repeated  shouts  and  huzzahs,  to  which 
another  health  to  the  confusion  of  all  his  enemies  was  com- 
monly added.  It  was  upon  this  occasion  said  that  the 
grand  jury  ought  to  find  bills  even  upon  dubious  evidence, 
much  more  when  plain  treason  was  sworn ;  since  all  they 
did  in  finding  a  bill  was  only  to  bring  the  person  to  his 
trial ;  and  then  the  falsehood  of  the  witnesses  was  to  be 
detected.  But  in  defence  of  these  ignoramus  juries,  it  was 
said  that  by  the  express  words  of  their  oath  they  were 
bound  to  make  true  presentments  of  what  should  appear 
true  to  them :  and  that  therefore  if  they  did  not  believe 
the  evidence,  they  could  not  find  a  bill,  though  sworn  to. 
A  book  was  writ  to  support  that,  in  which  both  law  and 
reason  were  brought  to  confirm  it.  ab  It  passed  as  writ  by 
lord  Essex,  though  I  understood  afterwards  it  was  writ 
by  Somers 2,  who  was  much  esteemed  and  oft  visited  by 
lord  Essex,  and  who  trusted  himself  to  him,  and  writ  the 
best  papers  that  came  out  in  that  time  b.     It  is  true,  by  the 

drew 
n  Wildman  writ  it,  but  struck  out. 
b  added  on  the  opposite  page  in  the  MS. 


and  Dr.  Sprat  and  Dr.  Hickes  were  Duke  of  York  from  the  succession  to 
even  more  emphatic.  To  confute  the  the  crown,  and  of  another  paper  pur- 
last,  Samuel  Johnson,  chaplain  to  porting  to  be  a  list  of  the  most  con- 
Russell,  wrote  the  Life  of  Julian  siderable  individuals  in  every  shire, 
the  Apostate,  defending  resistance  divided  under  two  heads  into 'worthy 
in  extreme  cases.  Russell's  Life  of  men  '  and  '  men  worthy,'  interpreted 
Lord  W.  Russell,  ii.  12,  and  App.  vii.  to  mean,  worthy  of  trust,  and  worthy 
According  to  a  letter  of  Dr.  Denton  to  be  hanged,  in  Lingard's  Hist,  of 
of  Nov.  22,  1683,  in  the  Verney  MSS.,  Eng.  xiii.  291.  R. 
Johnson  was  afterwards  fined  and  2  See  Christie,  Life  of  Shaftesbury, 
imprisoned  for  this  offence.  H.  M.  C.  ii.  425,  where  this  opinion  is  ascribed 
Rep.  vii.  498.  toSirJohnHawles, Solicitor-General 

1  See  an  account  of  this  associa-  in  the  reign  of  William  III. 
tion  for  the  purpose  of  excluding  the 


of  King  Charles  II.  303 

practice  that  had  generally  prevailed  grand  juries  were  Chap.  XII. 
easy  in  rinding  bills  upon  a  slight  and  probable  evidence. 
But  both  the  words  of  their  oath  and  the  reason  of  the  law 
seemed  to  oblige  them  to  make  no  presentments  but  such 
as  they  believed  to  be  true.  But  on  the  other  hand,  a 
private  ill  opinion  of  a  witness,  or  the  looking  on  a  matter 
as  incredible,  did  not  seem  to  warrant  the  return  of  an 
ignoramus :  that  seemed  to  belong  to  the  jury  of  life  and 
death.  But  the  chief a  complaint  that  was  made  in  the 
addresses  was  grounded  on  their  not  finding  the  bill  on  the 
account  of  the  draught  of  the  association  :  and  this  was  in 
many  respects  very  unreasonable,  for  as  that  b  was  not  laid 
in  the  bill,  so  there  was  but  one  witness  to  prove  it  :  nor 
did  the  matter  of  the  paper  rise  up  to  the  charge  of 
high  treason.  And  now  Dugdale  and  Turberville,  who 
had  been  the  witnesses  upon  whose  evidence  lord  Stafford 
was  condemned,  being  within  a  year  detected,  or  at  least 
suspected  of  this  villany,  I  could  not  but  reflect  on 
what  he  had  said  to  me,  that  he  was  confident  I  should 
see  within  a  year  that  the  witnesses  would  be  found  to 
be  rogues. 

As  to  Turberville,  what  happened  soon  after  this  will  1682. 
perhaps  mitigate  the  censure.  He  was  taken  with  the  small 
pox  in  a  few  days  after  lord  Shaftesbury's  trial.  The 
symptoms  were  so  bad  that  the  physician  told  him  he  had 
no  hope  of  his  recovery  :  upon  which  he  composed  himself 
to  die  as  became  a  Christian,  and  sent  for  Mr.  Hewes,  the  510 
curate  of  St.  Martin's,  who  was  a  very  worthy  man,  and 
from  whom  I  had  this  account  of  him.  Turberville  looked 
on  himself  as  a  dead  man  at  the  first  time  he  came  to  him  : 
but  his  disease  did  no  way  affect  his  understanding  or  his 
memory.  He  seemed  to  have  a  real  sense  of  another  state, 
and  of  the  account  that  he  was  to  give  to  God  for  his  past 
life.  Hewes  charged  him  to  examine  himself,  and  that  if 
he  had  sworn  falsely  against  any  man,  he  should  confess 

*  substituted  for  grand.  b  substituted  for  the  matter. 


304  The  History  of  the  Reign 

Chap.  XII.  his  sin,  and  glorify  God,  though  to  his  own  shame.  Turber- 
ville,  both  in  discourse  and  when  he  received  the  sacra- 
ment, protested  that  he  had  sworn  nothing  but  the  truth 
in  what  he  deposed  both  against  lord  Stafford  and  the  earl 
of  Shaftesbury  ;  and  renounced  the  mercies  of  God,  and  the 
benefit  of  the  death  of  Christ,  if  he  did  not  speak  the  plain 
and  naked  truth,  without  any  reservation  :  and  he  continued 

MS.  262.  in  the  same  mind  |  to  his  death.  So  here  were  the  last 
words  of  dying  men  against  the  last  words  of  those  that 
suffered.  To  which  this  may  well  be  added,  that  one  who 
died  of  sickness,  and  under  a  great  depression  in  his  spirits, 
is  less  able  to  stifle  his  conscience,  and  to  resist  the  impres- 
sions that  it  may  then  make  on  him,  than  a  man  who  suffers 
on  a  scaffold,  where  the  strength  of  the  natural  spirits  is 
entire,  or  rather  exalted  by  the  sense  of  the  cause  he  suffers 
for.  And  we  know  that  confession  and  absolution  in  the 
church  of  Rome  give  a  quiet,  to  which  we  do  not  pretend, 
where  these  things  are  said  to  be  only  ministerial  and  not 
authoritative  ].  About  a  year  before  this  Tonge  had  died, 
who  first  brought  out  Oates.  They  quarrelled  afterwards, 
and  Tonge  came  to  have  a  very  bad  opinion  of  Oates  ; 
a  upon  what  reason  I  know  not 2.  He  died  with  expressions 
of  very  high  devotion  :  and  he  protested  to  all  who  came 
to  see  him,  that  he  knew  of  no  subornation  in  all  that 
matter,  and  that  he  was  guilty  of  none  himself.  These 
things  put  a  man  quite  in  the  dark :  and  in  this  mist 
matters  must  be  left  till  the  great  revelation*  of  all  secrets. 
And  there  I  leave  it  :  and  from  the  affairs  of  England 
I  turn  to  give  an  account  of  what  passed  in  Scotland 
during  all  this  disorder  among  us  here. 

a  but  struck  out. 


1  Cf.  supra  270.  is  supposed  to  have  been  present. 

2  Higgons  transcribes  an  account  Remarks,  231.  This  curious  and  not 
from  Echard  of  a  quarrel  between  improbable  anecdote  is  to  be  found 
Tonge  and  Oates,  at  which  Dr.  Burnet  in  Echard's  Hist.  949.     R. 


of  King  Charles  II.  305 


Ch.XIII. 


CHAPTER   XIII. 

JAMES     IN     SCOTLAND. 

THE  duke  behaved  himself  upon  his  going  to  Scotland  in 
so  obliging  a  manner,  that  the  nobility  and  gentry,  who  had 
been  so  long  trodden  ona  by  duke  Lauderdale  and  his 
party,  found  a  very  sensible  change :  so  that  he  gained 
much  on  them  all.  And  though  he  continued  still  to  sup- 
port that  side,  yet  things  were  so  gently  carried,  that  there  511 
was  no  cause  of  complaint.  It  was  b  visibly  his  interest  to 
make  that  nation  sure  to  him,  and  to  give  them  such  an 
essay  of  his  government,  as  might  dissipate  all  the  hard 
thoughts  of  him  with  which  the  world  was  possessed :  and 
he  pursued  it  for  some  time  with  great  temper  and  as  great 
success.  He  advised  the  bishops  to  proceed  moderately, 
and  to  take  no  notice  of  conventicles  in  houses,  and  that 
would  put  an  end  to  those  in  the  fields.  In  matters  of 
justice  he  shewed  an  impartial  temper,  and  encouraged  all 
propositions  relating  to  trade :  and  so.  considering  how 
much  that  nation  was  set  against  his  religion,  he^made  a 
greater  progress  in  gaining  upon  them  than  was  expected  l. 
He  was  advised  to  hold  a  parliament  there  in  summer  82, 
and  to  take  the  character  of  the  king's  commissioner 
upon  him. 

a  substituted  for  under.  b  so  struck  out. 


1  In   a   letter  (to    the   first    Lord  shewed  my  partiality  for  them,  and 

Dartmouth),  dated  Dec.  14,  the  duke  some  of  my  friends  have   been    of 

says,  '  I  live  here  as  cautiously  as  opinion  it  had  been  best  for  me  to 

I  can,  and  am  very  careful  to  give  have  done  so,  and  by  it  have  secured 

offence  to  none,  and  to  have  no  par-  one  side  to  me,  yet  I  am  convinced 

tialities,  and  preach  to  them  laying  it  was  not  fit  for  me  to  do  it,  it  being 

aside    all    private    animosities,  and  no  way  good  for  his  majesty's  ser- 

serving  the  king  his  own  way.  None  vice,  which  I  can  make  out  by  many 
shall    have   reason    to   complain   of      reasons  which  would  be  too  long  for 

me  ;  and  though  some  of  either  party  a  letter.'     D. 
here  might  have  hoped  I  should  have 
VOL.  II.                                           X 


306  The  History  of  the  Reign 

Ch.  XIII.  A  strange  spirit  of  fury  had  broke  loose  on  some  of  the 
presbyterians1,  called  the  Cargillites,  from  one  Cargill2 
that  had  been  one  of  the  ministers  of  Glasgow  in  the 
former  times,  and  was  then  very  little  considered,  but  now 
was  much  followed,  to  the  great  reproach  of  the  nation. 
These  held  that  the  king  had  lost  the  right  to  the  crown  by 
his  breaking  the  covenant,  which  he  had  sworn  at  his  coro- 
nation 3 :  so  they  said  he  was  their  king  no  more,  and  by 
a  formal  Declaration  they  renounced  all  allegiance  to  him, 
which  a  party  of  them  affixed  to  the  cross  of  Dumfries, 
a  town  near  the  west  border.  They  also  taught  that  it 
was  lawful  for  any  to  kill  him,  and  that  all  his  party,  chiefly 
those  who  were  episcopal,  by  adhering  to  him,  had  forfeited 
their  lives  ;  so  that  it  was  lawful  to  kill  them  likewise. 
The  guards  fell  upon  a  party  of  them  whom  they  found 
in  arms,  where  Cameron,  one  of  their  furious  teachers,  from 
whom  they  were  also  called  Cameronians,  was  killed :  but 

July  22,  Hackston,  that  was  one  of  the  archbishop's  murderers,  and 
1680.  ^argjij)  were  taken  4.  Hackston,  when  brought  before  the 
council,  would  not  own  their  authority,  nor  make  any 
answer  to  their  questions.  He  was  so  low  by  reason  of 
his  wounds,  that  it  was  thought  he  would  die  in  the 
question  if  tortured  :  so  he  was  in  a  very  summary  way 
condemned  to  have  both  his  hands  cut  off,  and  then  to  be 
hanged.  All  this  he  suffered  with  a  constancy  that  amazed 
all  people.  He  seemed  to  be  all  the  while  as  in  an  enthu- 
siastical  rapture,  and  insensible  of  what  was  done  to  him. 
When  his  hands  were  cut  off,  he  asked,  like  one  uncon- 

1  Wodrow,  i.   300;    ii.    114,   115,  Cameron,  while  a  probationer  for  the 

142  ;  iii.  65,  206,  and  passim.  ministry,  had  urged  separation  from 

3  Donald     Cargill,    who    excom-  all  who  accepted  the  indulgence  in 

municated    Lauderdale    at    a    field  1677  ;  was  one  of  the  leaders  at  the 

conventicle  at  the  Torwood  in  Sept.  Declaration  of  Rutherglen  in  1679 ; 

1680.      Lauderdale  Papers,  iii.  209.  gave  his  name  to  the  Cameronians  in 

He  was  taken  in  July,  1681.  1680;  was  proclaimed  on  June  30, 

3  At  Scone,  Jan.  1,  165$  ;  vol.  i.  and  killed  on  July  22,  of  the  same 
I02.  year.     Hackston  of  Rathillet,  though 

4  At  Ayrsmoss,   or  Aird's   Moss,  present  at  Sharp's  murder,  seems  to 
in  Kyle,  July  22,   1680.      Richard  have  taken  no  active  part. 


of  King  Charles  II.  307 

cerned,  if  his  feet  were  to  be  cut  off  likewise:  and  he  had  Ch.  xiii. 

so  strong  a  heart,  that  notwithstanding  all  the  loss  of  blood 

by  his  wounds,  and  the  cutting  off  his   hands,  yet  when 

he  was  hanged  up,  and  his  heart  cut  out,  it  continued  to 

palpitate  some  time  after  it  was  on  the  hangman's  knife,  as 

some  eye-witnesses  assured  me1.    Cargill,  and  many  others  512 

of  that  mad  sect,  both  men  and  women,  suffered  with  an    July  27. 

obstinacy  that  was  so  particular'2,  that  though  the  duke 

sent  the  offer  of  pardon  to  them  on  the  scaffold,  if  they 

would  only  say  God  bless  the  king,  it  was  refused  with 

great  neglect :  one  of  them  said  very  calmly,  she  was  sure 

God  would  not  bless  him,  and  that  therefore  she  would  not 

take  God's  name  in  vain  :    the  other  said  more  sullenly, 

that  she  would  not  worship  that  idol,  nor  acknowledge  any 

other  king  but  Christ :  and  so  both  were  hanged.     About 

fifteen  or  sixteen  died  under  this  delusion,  which  seemed 

to  be  a  sort  of  madness :  for  they  never  attempted  any 

thing  against  any  person :  only  they  seemed  glad  to  suffer 

for  their  opinions  3.     The  duke  stopped  that  prosecution, 

and  appointed  them  to  be  put  in  a  house  of  correction,  and 

to  be  kept  at  hard  labour.     Great  use  was  made  of  this  by 

profane  people  to  disparage  the  suffering  of  the  martyrs  for 

the  Christian  faith,  |  from  the  unshaken  constancy  which  MS.  263. 

1  Cf.  Ralph,  i.  526,  where  it  is  3  Salmon,  Examination,  896,  ob- 
related,  that,  having  at  first  refused  serves,  that  the  author  had  told  us, 
to  answer  the  questions  of  the  Privy  that  this  harmless  sort  of  people  had 
Council,  Hackston  at  length  gave  assembled  in  arms, publicly  renounced 
way,  but  would  not  sign  his  exam-  their  allegiance  to  the  king,  and  that 
ination.  And  Cruikshank  in  his  one  of  them  was  a  murderer  of  the 
History  of  the  Church  of  Scotland  Archbishop  of  St.  Andrews.  But 
reports  that  the  executioner  being  this  examiner  is  silent  respecting  the 
long  in  cutting  off  his  right  hand,  systematic  persecution,  by  which 
Hackston  desired  him  to  strike  in  these  people  were  goaded  on  to  re- 
the  joint  of  the  left,  but  adds,  that  bellion.  R.  See  the  similar  account 
he  spake  no  such  words  as  Burnet  of  them  by  Rothes  after  the  Pentland 
represents  him  to  have  done.  Vol.  i.  rebellion  in  1666.  Cf.  vol.  i.  424. 
103.  R.  See  the  account  in  Wod-  Bevill  Higgons  records  a  very 
row,  iii  223.  curious  declaration  of  those  in  prison, 

2  Cargill  was  hanged  on  July  27.  testifying  to  the  same  stubborn  reso- 
See  Fountainhall,  Hist.  Obs.  44.  lution. 

X  2 


308  The  History  of  the  Reign 

Ch.  XIII.  these  frantic  people  expressed.  But  this  is  undeniable, 
that  men  who  die  maintaining  any  opinion,  shew  that  they 
are  firmly  persuaded  about  it.  So  from  this  the  martyrs 
of  the  first  age  who  died  for  asserting  a  fact,  such  as 
the  resurrection  of  Christ,  or  the  miracles  they  had  seen, 
shewed  that  they  were  well  persuaded  of  the  truth  of  those 
facts ;  and  that  is  all  the  use  that  is  to  be  made  of  this 
argument. 

July  27,        Now  the  time  of  the  sitting  of  the  parliament  drew  on1. 

t  ftR  r 

The  duke  seeing  how  great  a  man  the  earl  of  Argyll  was 
in  Scotland,  concluded  it  was  necessary  for  him  either  to 
gain  him  or  to  ruin  him.  Lord  Argyll  gave  him  all 
possible  assurances  that  he  would  adhere  to  his  interest  in 
every  thing,  except  in  the  matters  of  religion,  but  added, 
that  if  he  went  to  meddle  with  these,  he  owned  to  him 
freely  that  he  would  oppose  him  all  he  could.  This  was 
well  enough  taken  in  shew :  but  lord  Argyll  said  he 
observed  ever  after  that  such  a  visible  coldness  and  distrust 
that  he  saw  what  he  might  expect  from  him.  Some  moved 
Nov.  1679.  the  excepting  against  the  duke's  commission  to  represent 
the  king  in  parliament 2,  since  by  law  no  man  could  execute 
any  office  without  taking  the  oaths :  and  above  forty 
members  of  parliament  promised  to  stick  to  duke  Hamilton 
if  he  would  insist  on  that.  But  Lockhart  and  Cunningham, 
the  two  lawyers  on  whose  opinion  they  depended  chiefly, 
said  that  a  commission  to  represent  the  king's  person  fell 
not  under  the  notion  of  an  office :  and  since  it  was  not 
expressly  named  in  the  acts  of  parliament,  they  thought  it 
did  not  fall  within  the  general  words  of  alt  places  and  offices 
513  of  trust.  So  this  was  laid  aside,  and  many  who  were 
offended  at  it  complained  of  duke  Hamilton's  cowardice  3. 

1  The   reaction   consequent   upon  letter  of  Nov.  18.  Lauderdale  Papers, 

the  king's  declaration  after  the  dis-  iii.  181,  182. 

solution  of   the    Oxford    Parliament  3  The  duke  (of  York),  in  a  letter 

was  equally  felt  in  Scotland.  dated  Nov.  28,  says.  '  I  believe  you 

a  This    was    in    1679.      See    the  will  have  heard  of  a  difficulty  made 

memorandum  from  some  of  the  Privy  by  some   here,  about   my  sitting  in 

Council  of  Nov.  6,  and  Lauderdale's  council.     I   had   not  time   to   write 


of  King  Charles  II.  309 

He  said  for  himself  that  he  had  been  in  a  storm  of  seven  Ch.  xiii. 

years'  continuance  by  his  opposing  of  duke  Lauderdale, 

and  that  he  would  not  engage  in  a  new  one  with  a  stronger 

party,  unless  he  was  sure  of  the  majority,  and  they  were 

far  from  pretending  to  be  able  to  bring  matters  near  an 

equality.     The  first  act  that  passed  was  one  of  three  lines, 

confirming  all  the  laws  formerly  made   against   popery. 

The  duke  thought  it  would  give  a  good  grace  to  all  that 

should  be  done  afterwards,  to  begin  with  such  a  general 

and  cold  confirmation  of  ail  former  laws.     Some  moved  Nov.  1679. 

that  a  committee  might  be  appointed  to  examine  all  the 

former    laws,  since    some   of  them   seemed    unreasonably 

severe,  as  passed  in  the  first  heat  of  the  reformation,  that 

so  they  might  draw  out  of  them  all  such  as  might  be  fit 

not  only  to  be  confirmed  but  to  be  executed  by  better  and 

properer   methods   than    those    prescribed    in    the  former 

statutes,   which   had    been   all   eluded.      But   it   was    not 

intended  that  this  new  confirmation  should  have  any  effect. 

and  therefore  this  motion  was  not  hearkened  to,  but  the 

act  was  hurried  on  and   passed.     The  next  act  was  for  August  14, 

the  unalterableness  of  the  succession  of  the  crown.     It  was      1    r* 

declared  high  treason  ever  to  move  for  any  alterations  in 

it.      Lord  Argyll   run  into   this  with   zeal :    so  did  duke 

Hamilton:    and   all  others  that   intended   to   merit  by  it 

made  harangues  about  it.     Lord  Tweeddale  was  the  only 

man  that  ventured  to  move  that  the  law  might  be  made  as 

strict  as  was  possible,  with  relation  to  the  duke :  but  he 

thought  it  not  necessary  to  carry  it  further  ;  since  the  queen 

of  Spain  stood  so  near,  and  it  was  no  amiable  thing  to  be 

a  province  to  Spain.     Many  were  so  ignorant,  as  not  to 

understand  the  relation  of  the  queen  of  Spain  *  to  the  king, 

to   you    of   it   till    now,  and    hope  of  Nov.  30,  for  which  see  Wodrow, 

before  this  can  come  to  you  that  his  hi.  175. 

majesty  will  have  settled  it  as  I  de-  1  Marie  Louise  of  Orleans,daughter 

sire,   and  I  believe  that  those   that  of  Charles's  sister  Henrietta  and  of 

made  that  difficulty  are  sorry  to  have  Philip  Duke  of  Orleans,  brother  of 

done  it.'     D.     The  objections  were  Louis   XIV.      She   was  married   in 

overruled  by  a  letter  from  the  king  August,  1679. 


310  The  History  of  the  Reign 

Ch.  xiii.  though  she  was  his  niece,  and  thought  it  an  extravagant 
motion.  He  was  not  seconded,  and  the  act  passed  without 
one  contradictory  vote.  There  was  an  additional  revenue 
given  for  some  years,  for  keeping  up  more  troops.  Some 
complaints  were  also  made  of  the  lords  of  regalities,  who 
have  all  the  forfeitures  and  the  power  of  life  and  death 
within  their  regalities.  It  was  upon  that  proposed  that 
there  should  be  a  regulation  of  these  courts,  as  there  was 
indeed  great  cause  for  it,  these  lords  being  so  many  tyrants 
w  up  and  down  the  country :  so  it  was  intended  to  subject 
514  these  jurisdictions  to  the  supreme  judicatories.  But  the 
act  was  penned  in  such  words,  as  imported  that  the  whole 
course  of  justice  all  over  the  kingdom  was  made  subject  to 
the  king's  will  and  pleasure:  so  that  instead  of  appeals 
to  the  supreme  courts,  all  was  made  to  end  in  a  personal 
appeal  to  the  king :  and  by  this  means  he  was  made  master 
of  the  whole  justice  and  property  of  the  kingdom.  There 
was  not  much  time  given  to  consider  things :  for  the  duke, 
finding  that  he  was  master  of  a  clear  majority,  drove  on 
every  thing  fast,  and  put  bills  on  a  very  short  debate  to 
the  vote,  which  went  always  as  he  had  a  mind  to  it.  An 
accident  happened  that  begot  in  many  a  particular  zeal 
to  merit  at  his  hands.  Lord  Rothes1,  who  had  much  of  his 
confidence,  and  was  chiefly  trusted  by  him,  and  was  made 
a  duke  by  his  means,  fell  under  a  perpetual  coldness  in  his 
stomach,  which  was  the  effect  of  thirty  years'  intemperance 
MS.  264.  to  a  degree  beyond  |  what  had  ever  been  known  in  that 
July  26,  country.  He  died  the  day  before  the  opening  of  the 
parliament :  so  upon  the  hopes  of  succeeding  him,  as  there 
were  many  pretenders,  they  all  tried  who  could  deserve 
it  best  by  the  most  compliant  submission  and  the  most 
active  zeal. 

As  they  were  going  on  in  public  business,  one  stood  up 
in  parliament  and  accused  lord  Hatton2,  duke  Lauderdale's 

1  Duke   of  Rothes,    June,    1680.  2  The  name  is  Hatton,  not  Halton. 

Luttrell,  46.     See  vol.  i.  138.     He       '  Lord  Hatton  '  simply  means  •  Laird 
died  on  July  26.  of  Hatton,' and  is  no  peerage  title. 


i68o. 


of  King  Charles  II.  311 

brother,  of  perjury,  on  the  account  of  Mitchell's  business ! :  Ch.  xiii. 

he  had  in  his  hands  the  two  letters  that  lord  Hatton  had 

writ  to  the  earl  of  Kincardine,  mentioning  the  promise  of 

life  that  was  made  him,  and,  as  was  told  formerly,  lord 

Hatton  swore  at  his  trial  that  no  promise  was  made.     The 

lord  Kincardine  was  dead  a  year  before  this :  but  his  lady    July  9, 

had  delivered   those  letters  to    be   made    use   of  against 

Hatton.     Upon  reading  them,  the  matter  appeared  plain. 

The  duke  was  not  ill  pleased  to  have  both  duke  Lauderdale 

and  him  thus  at  mercy :  yet  he  would  not  suffer  the  matter 

to  be  determined  in  a  parliamentary  way.     So  he  moved 

that  the  whole  thing  might  be  referred  to  the  king ;  which 

was  immediately  agreed  to.     So  that  infamous  business 

was  made  public,  and  yet  stifled  at  the  same  time :  and  no 

censure   was    ever   put   on   that   base   action 2.     Another 

discovery  was  made  of  as  wicked  a  conspiracy,  though 

it  had  not  such  bad  effects,  because  the  tools  employed  in 

it  could  not  be  wrought   up  to  such  a  determined  pitch 

of  wickedness.     The  lord   Bargeny,  who  was  nephew  to 

Lauderdale's    brother    became  laird  Temple,  a  gentleman  well  known  by 

of  Hatton  by  marrying  the  heiress  of  his   own    and    his    father's    merits. 

Lauder  of  Hatton.  '  The  bishop  who   was  sent  by  my 

1  And  of  peculation.  Lauderdale  lord  Kincardine  was  Paterson,  bishop 
Papers,  iii.  226.  of  Edinburgh,  and  those  very  letters 

2  See  supra  141,  where  mention  were  the  cause  of  Lauderdale's 
is  made  of  Mitchell's  unhappy  disgrace.  For  when  the  duke  of 
business.  It  is  related  that  Lord  York  was  in  Scotland,  he  sent  for 
Kincardine  sent  a  bishop  to  Duke  my  lady  Kincardine,  and  asked  these 
Lauderdale,  desiring  him  to  consider  letters  of  her.  My  lady  told  the  duke, 
better,  before  he  denied  upon  oath  she  would  not  part  with  the  ori- 
the  promise  of  life  which  had  been  ginals  ;  but  that,  if  his  grace  pleased, 
given  to  Mitchell,  because  Lord  Kin-  he  might  take  a  copy  of  them, 
cardine  had  letters  from  the  duke  Which  he  did,  and  shewed  them  to 
and  the  duke's  brother  in  his  posses-  his  brother  the  king,  who  was 
sion,  which  requested  him  to  ask  the  stunned  at  the  villany,  and  ashamed 
king  to  make  good  the  promise.  On  he  had  employed  such  a  minister  ; 
which  place  of  Bishop  Burnet's  His-  and  immediately  ordered  all  his 
tory  the  late  Lord  Auchinleck,  Judge  posts  and  preferments  to  be  taken 
Boswell,  who  was  grandson  of  the  from  him.'  R.  This  can  hardly  be 
Earl  of  Kincardine,  has  written  the  correct,  since  Kincardine  died  in  July, 
following  observation,  inserted  here  1680,  and  Lauderdale  gave  up  the 
by  the  favour  of  his  lordship's  grand-  Secretaryship  in  September  of  the 
son,  James  Boswell,  Esq. ,  of  the  Inner  same  year.  Lauderdale Papers,ni.2io. 


312  The  History  of  the  Reign 

Ch.  xiii.  duke  Hamilton1,  had  been  clapt  up  in  prison,  as  concerned 
in  the  rebellion  of  Bothwell-bridge.  Several  days  were 
fixed  on  for  his  trial :  but  it  was  always  put  off2,  and  at 
last  he  was  let  out,  without  having  any  one  thing  ever 
objected  to  him.  When  he  was  at  liberty,  he  used  all 
possible  endeavours  to  find  out  on  what  grounds  he  had 
been  committed.  At  last  he  discovered  a  conspiracy,  in 
which  Hatton  and  some  others  of  that  party  were  con- 
515  cerned.  They  had  practised  on  some  who  had  been  in 
that  rebellion,  to  swear  that  he  and  several  others  were 
engaged  in  it,  and  that  they  had  sent  them  out  to  join  in 
it.  They  promised  these  witnesses  a  large  share  of  the 
confiscated  estates,  if  they  went  through  in  the  business. 
Depositions  were  prepared  for  them  3,  and  they  promised 
to  swear  them  :  upon  which  a  day  was  fixed  for  the  trial. 
But  the  hearts  of  those  witnesses  failed  them,  or  their 
consciences  rose  upon  them  :  so  that  when  the  day  came 
on,  they  could  not  bring  themselves  to  swear  against  an 
innocent  man,  and  they  plainly  refused  to  do  it.  Yet  upon 
new  practices  and  new  hopes,  they  were  again  resolved  to 
swear  boldly  :  upon  which  new  days  had  been  set  twice  or 
thrice :  and,  their  hearts  turning  against  it,  they  were  still 
put  off.  Lord  Bargeny  had  full  proof  of  all  this  ready  to 
be  offered.  But  the  duke  prevailed  to  have  this  likewise 
referred  to  the  king,  and  it  was  never  more  heard  of.  This 
shewed  what  duke  Lauderdale's  party  were  capable  of.  It 
likewise  gave  an  ill  character  of  the  duke's  zeal  for  justice 
and  against  false  swearing  ;  though  that  had  been  the  chief 
topic  of  discourse  with  him  for  above  three  years.  He  was 
angry  at  a  supposed  practice  with  witnesses,  when  it  fell 
upon  his  own  party.  But  now  that  there  was  evident 
proofs  of  perjury  and  subornation,  he  stopt  proceedings 
under  pretence  of  referring  it  to  the  king,  who  was  never 
made  acquainted  with  it,  or  at  least  never  inquired  after 

1  John,  Lord  Bargeny.    SeeWod-       dale  Papers,  hi.  196,  197. 

row,  ii.  410,  &c.  3  For  one  of  these  forged  deposi- 

2  It  was  in  March,  168$.     Lauder-      sitions,  see  id.  201. 


of  King  Charles  II.  313 

the  proof  of  these  allegations,  nor  ordered  any  proceedings  Ch.  xiii. 
upon  them. 

The  main  business  of  this  parliament  was  the  act  con- 
cerning the  new  test  that  was  proposed.  It  had  been 
promised  in  the  beginning  of  the  session,  that  as  soon  as  an 
act  for  maintaining  the  succession  should  pass,  they  should 
have  all  the  security  that  they  could  desire  for  the  protes- 
tant religion.  So,  many  zealous  men  began  to  call  for 
some  more  effectual  security  for  their  religion.  Upon  which 
a  test  was  proposed  for  all  that  should  be  capable  of  any 
office  in  church  or  state,  or  of  electing,  or  being  elected, 
members  of  parliament,  that  they  should  adhere  firmly  to 
the  protestant  religion  ;  to  which  the  court  party  added, 
the  condemning  of  all  resistance  in  any  sort  or  under  any 
pretence,  the  renouncing  the  covenant,  and  an  obligation 
to  defend  all  the  king's  rights  and  prerogatives,  and  that 
they  should  never  meet  to  treat  of  any  matter,  civil  or 
ecclesiastical,  but  by  the  king's  permision,  and  never 
endeavour  any  alteration  in  the  government  in  church  or  516 
state 1 :  and  they  were  to  swear  all  this  according  to  the 
literal  sense  of  the  words.  The  test  was  thus  loaded  at  first 
to  make  the  other  side  grow  weary  of  the  motion,  and  to 
let  it  fall ;  which  they  would  willingly  have  done.  But  the 
duke  was  made  to  apprehend  that  he  would  find  such  a  test 
as  this  prove  much  for  his  service :  so  it  seems  that  article 
of  the  protestant  religion  |  was  forgiven  for  the  service  that  MS.  265. 
was  expected  from  the  other  parts  of  the  test.  There  was 
a  hot  debate  upon  the  imposing  it  on  all  that  might  elect 
or  be  elected  members  of  parliament.  It  was  said  that  was 
the  most  essential  of  all  the  privileges  of  the  subjects  ; 
therefore  they  ought  not  to  be  limited  in  it.  The  bishops 
were  earnest  for  this,  which  they  thought  would  secure 
them  for  ever  from  a  presbyterian  parliament.  It  was 
carried  in  the  vote,  and  that  made  many  of  the  court  more 
zealous  than  ever  for  carrying  through  the  act.  Some  pro- 
posed that  there  should  be  two  tests  :  one  for  papists  with 
1  Evidently  copied  from  Danby's  Non-Resisting  test. 


314  The  History  of  the  Reign 

Ch.  xiii.  higher  incapacities  :  and  another  for  the  presbyterians  with 
milder  censures.  But  that  was  rejected  with  much  scorn, 
some  making  their  court  by  saying  they  were  in  more 
danger  from  the  presbyterians  than  from  the  papists :  and 
it  was  reported  that  Paterson,  then  bishop  of  Edinburgh, 
said  to  the  duke,  that  he  thought  the  two  religions,  popish 
and  protestant,  were  so  equally  stated  in  his  mind,  that 
a  few  grains  of  loyalty  in  which  the  protestants  had  the 
better  of  the  papists  turned  the  balance  with  him.  Another 
clause  in  the  bill  was  liable  to  great  objections  :  all  the 
royal  family  were  excepted  out  of  it.  Lord  Argyll  spoke 
zealously  against  this.  He  said  the  only  danger  we  could 
apprehend  as  to  popery  was,  if  any  of  the  royal  family 
should  happen  to  be  perverted:  therefore  he  thought  it 
was  better  to  have  no  act  at  all  than  such  a  clause  in  it. 
Some  few  seconded  him,  but  it  was  carried  without  any 
considerable  opposition.  The  nicest  point  of  all  was,  what 
definition  or  standard  should  be  made  for  fixing  the  sense 
of  so  general  a  term  as  the  protestant  religion.  Dalrymple 
proposed  the  confession  of  faith  agreed  on  in  the  year 
1559 1,  and  enacted  in  parliament  in  1567,  which  was  the 
only  confession  of  faith  that  had  then  the  sanction  of 
a  law.  That  was  a  book  so  worn  out  of  use,  that  scarce 
any  in  the  whole  parliament  had  ever  read  it.  None  of  the 
bishops  had,  as  appeared  afterwards ;  for  these  last  30 
517  years  the  only  confession  of  faith  that  was  read  in  Scotland 
was  that  which  the  assembly  of  divines  at  Westminster  had 
set  out 2,  which  the  Scottish  kirk  had  set  up  instead  of  the 
old  one :  and  the  bishops  had  left  it  in  possession,  though 
the  authority  that  enacted  it  was  annulled.  So  here  a  book 
was  made  the  matter  of  an  oath,  for  they  were  to  swear 
that  they  would  adhere  to  the  protestant  religion  as  it  was 
declared  in  the  confession  of  faith  enacted  in  the  year  1567, 

1  Ratified  by  the  three  estates  in  minster ;  examined  and  approved 
1560.  anno  1647  by  the  Church  of  Scot- 

2  A  purely  English  production.  land,  and  ratified  by  Act  of 
'Confession  of  Faith  agreed  upon  by  Parliament,  1649.'  Burton,  Hist,  of 
the  Assembly  of  Divines  at  West-  Scotland,  vii.  228. 


of  King  Charles  II.  315 

that  contained  a  large  system  of  religion  that  was  not  so  Ch.xiii. 
much  as  known  to  those  who  enacted  it ;  yet  the  bishops 
went  all  into  it.  Dalrymple,  who  had  read  it,  thought 
that  there  were  propositions  in  it  which,  being  better  con- 
sidered of,  would  make  the  test  be  let  fall :  for  in  it  the 
repressing  of  tyranny  is  reckoned  a  duty  incumbent  on 
good  subjects;  and  the  confession  being  made  after  the 
Scots  had  deposed  the  queen  regent,  and  it  being  ratified 
in  parliament  after  they  had  forced  their  queen  Mary  to 
resign,  it  was  very  plain  what  they  who  made  and  enacted 
this  confession  meant  by  the  repressing  of  tyranny.  But 
the  duke  and  his  party  set  it  forward  so  earnestly,  that  upon 
one  day's  debate  the  act  passed,  though  by  a  majority  August  31, 
only  of  ten  voices1.  There  was  some  appearance  of 
security  to  the  protestant  religion  by  this  test.  But  the 
prerogative  of  the  crown  in  ecclesiastical  matters  had  been 
raised  so  high  by  duke  Lauderdale's  act  -,  that  the  obliging 
all  people  to  maintain  this  with  the  rest  of  the  prerogative 
might  have  made  way  for  every  thing.  All  ecclesiastical 
courts  subsisted  now  by  this  test  only  upon  the  king's 
permission,  and  at  his  discretion. 

The  parliament  of  Scotland  was  dissolved  soon  after 
this  act  passed3  :  and  Hyde  was  sent  down  from  the  king 
to  the  duke  immediately  upon  it.  It  was  given  out,  that 
he  was  sent  by  the  king  to  press  the  duke  upon  this  victory 
to  shew  that  what  ill  usage  could  not  extort  from  him,  he 
would  now  do  of  his  own  accord,  and  return  to  the  church 
of  England.  I  was  assured  that  lord  Halifax  had  prevailed 
with  the  king  to  write  to  him  to  that  purpose :  that  the 
letter  was  writ,  but  was  not  sent ;  and  that  lord  Hyde  had 
it  in  charge   to  manage   it  as  a  message4.     How   much 

1  For   the   text   of    the   Test  see  and  then  dissolved.     Upon  Hyde's 

Wodrow,  iii.    295.     There   was   an  mission  see  Clarke's  Life  of  James  II, 

additional   Act   on    Sept.    17.      See  i.  699-701,  and  James's  letter  in  the 

Aeneas  Mackay's  Memoirs  of  Sir  J.  Dartmouth  Papers,  H.  M.  C.  Rep.  xi, 

Dalrymple,  first  Viscount  Stair,  145.  Part  5,  p.  67.     See  also  Foxcroft's 

3  In  1669.     Vol.  i.  521.  Halifax,  i.  303. 

s  Parliament  was    adjourned    on  4  I  have  a  letter  of  the   duke's, 

Sept.  17,  1681,   to  March  1,  168^;  dated  Dec.  14th,  in  which  he  says, 


3i 6  The  History  of  the  Reign 

Ch.XIII.  of  this  is  true  I  cannot  tell :  one  thing  is  certain,  that  if  it 
was  true  it  had  no  effect1.  As  soon  as  the  test  with  the 
confession  of  faith  were  printed,  there  was  a  universal 
murmuring  among  the  best  of  the  clergy2.  Many  were 
against  the  swearing  to  a  system  made  up  of  so  many  pro- 
518  positions,  of  which  some  were  at  least  doubtful ;  though  it 
was  found  to  be  much  more  moderate  in  many  points  than 
could  have  been  well  expected,  considering  the  heat  of  that 

MS.  266.  time.  There  was  a  limitation  put  on  |  the  duty  of  subjects, 
in  the  article  by  which  they  were  required  not  to  resist  any 
whom  God  had  placed  in  authority,  in  these  words,  while 
they  pass  not  over  the  bounds  of  their  office  :  and  in  another 
they  condemned  those  who  resist  the  supreme  power  doing 
that  thing  tvhich  appertaineth  to  his  charge.  These  were 
propositions  now  of  a  very  ill  sound.  They  were  also 
highly  offended  at  the  great  extent  of  the  prerogative  in 
the  point  of  the  supremacy,  by  which  the  king  turned 
bishops  out  at  pleasure  by  a  letter.  It  was  hard  enough  to 
bear  this :  but  it  seemed  intolerable  to  oblige  men  by  oath 
to  maintain  it.  The  king  might  even  by  a  proclamation 
put  down  even  episcopacy  itself,  as  the  law  then  stood  : 
and  by  this  oath  they  would  be  bound  to  maintain  that  too. 
All  meetings  in  synods,  or  for  ordinations,  were  hereafter 

1  Besides  that  in  conscience  I  cannot  friends  see  to  hinder  such  a  letter, 
do  what  you  so  press  me  to,  it  would  and  put  the  thoughts  of  my  comply- 
not  be  of  that  use  or  advantage  to  ing  with  them  in  that  point  of 
his  majesty  as  some  think.  For  the  changing  my  religion  quite  out  of 
Shaftesburian  and  republican  party  their  heads.'  D. 
would  say  it  was  only  a  trick,  that  I  1  I  have  a  letter  of  the  duke's,  in 
had  a  dispensation,  and  that  I  was  which  are  these  words  :  '  What  you 
still  a  catholic  in  my  heart ;  and  say,  hint  to  me  in  your  letter,  and  what 
that  there  was  more  reason  to  be  lord  Halifax  in  his  has  more  plainly 
affeared  of  popery  than  ever.  The  said,  and  has  been  pressed  by  lord 
reasons  are  obvious ;  besides,  I  will  Hyde,  concerning  my  going  to 
never  be  brought  to  do  it,  and  there-  church,  has  mortified  me  very  much  ; 
fore  am  glad  to  see  that  the  thoughts  since  I  cannot  do  it  ;  for  indeed  I  see 
of  his  majesty's  writing  to  me  upon  nothing  but  ruin  when  such  measures 
that  subject  is  laid  aside  ;  for  should  are  taken,  as  produced  such  a  mes- 
he  be  prevailed  upon  to  do  it,  one  sage  to  me,  when  there  was  no  rea- 
might  easily  guess  what  must  soon  son  to  believe  I  would  comply.'  D. 
follow    after.       Therefore    let    my  s  Wodrow,  iii.  300  et  seq. 


of  King  Charles  II.  317 

to  be  held  only  by  permission.  So  that  all  the  visible  ways  Ch.  XIII. 
of  preserving  religion  depended  now  wholly  on  the  king's 
good  pleasure  :  and  they  saw  that  this  would  be  a  very 
feeble  tenure  under  a  popish  king.  The  being  tied  to  all 
this  by  oath  seemed  intolerable  ;  and  when  a  church  was 
yet  in  so  imperfect  a  state,  without  liturgy  or  discipline,  it 
was  a  strange  imposition  to  swear  never  to  endeavour  any 
alteration  either  in  church  or  state.  Some  or  all  of  these 
exceptions  did  run  so  generally  through  the  whole  body  of 
the  clergy,  that  they  were  all  shaking  in  their  resolutions. 
To  prevent  this,  an  explanation  was  drawn  by  bishop 
Paterson  1,  and  passed  in  council.  It  was  by  it  declared,  Nov.  3, 
that  it  was  not  meant  that  those  who  took  the  test  should 
be  bound  to  every  article  in  the  confession  of  faith,  but 
only  in  so  far  as  it  contained  the  doctrine  upon  which  the 
protestant  churches  had  settled  the  reformation :  and  that 
the  test  did  not  cut  off  those  rights  which  were  acknow- 
ledged to  have  been  in  the  primitive  church  for  the  first 
three  hundred  years  after  Christ :  and  an  assurance  was 
given  that  the  king  intended  never  to  change  the  govern- 
ment of  the  church.  By  this  it  was  pretended  that  the 
greatest  difficulties  were  now  removed.  But  to  this  it  was 
answered,  that  they  were  to  swear  they  took  the  oath  in 
the  literal  sense  of  the  words :  so  that  if  this  explanation 
was  not  conform  to  the  literal  sense,  they  would  be  perjured 
who  took  it ;  and  that  the  imposers  of  an  oath  could  only 
declare  the  sense  of  it.  But  that  could  not  be  done 
by  any  other,  much  less  by  a  lower  authority,  such  as  519 
the  privy  council's  was  confessed  to  be.  Yet  when  men 
are  to  be  undone  if  they  do  not  submit  to  a  hard  law, 
they  willingly  catch  at  any  thing  that  seems'  to  resolve 
their  doubts. 

1  First  of  Galloway  and   then   of  Wodrow,  iii.  303.    He  became  Arch- 
Edinburgh — a  great  adherent  of  the  bishop  of  Glasgow  in  1687,  but  was 
Lauderdale  interest,  and  a  member  deprived   at    the    Revolution.      He 
of  the  '  Secret  Committee'  of  1680.  died  in  1708. 
For  his   'sense    of    the    test,'   see 


318  The  History  of  the  Reign 

Ch.XIII.  About  eighty  of  the  most  learned  and  pious  of  their 
clergy  left  all,  rather  than  comply  with  the  terms  of  this 
law  :  and  these  were  noted  to  be  the  best  preachers.,  and 
the  most  zealous  enemies  to  popery,  that  belonged  to  that 
church.  The  bishops,  who  thought  their  refusing  the  test 
was  a  reproach  to  them  who  took  it,  treated  them  with 
much  contempt,  and  put  them  to  many  hardships.  About 
twenty  of  them  came  up  to  England :  I  found  them  men 
of  excellent  tempers,  pious  and  learned,  and  I  esteemed  it 
no  small  happiness  that  I  had  then  so  much  credit,  by  the 
ill  opinion  they  had  of  me  at  court,  that  by  this  means 
I  got  most  of  them  to  be  well  settled  in  England ;  where 
they  have  behaved  themselves  so  worthily,  that  I  have 
great  reason  to  rejoice  in  being  made  an  instrument  to  get 
so  many  good  men,  who  suffered  for  their  consciences,  to 
be  again  well  employed  and  well  provided  for.  Most  of 
them  were  formed  by  Charteris  *,  who  had  been  always 
a  great  enemy  to  the  imposing  of  books  and  systems  as  the 
tests  that  must  be  signed  and  sworn  by  such  as  are  admitted 
to  serve  in  the  church.  He  had  been  for  some  years 
divinity  professor  at  Edinburgh,  where  he  had  formed  the 
minds  of  many  of  the  young  clergy  both  to  an  excellent 
temper  and  to  a  set  of  very  good  principles.  He  upon  this 
retired,  and  lived  private  for  some  years.  He  writ  to  me. 
and  gave  me  an  account  of  this  breach  that  was  like  to  be 
in  the  church,  and  desired  I  would  try,  by  all  the  method  s 
I  could  think  of,  to  stop  proceedings  upon  the  test.  But 
the  king  had  put  the  affairs  of  Scotland  so  entirely  in  the 
duke's  hands,  and  the  bishops  here  were  so  pleased  with 
those  clauses  in  the  test  that  renounced  the  covenant  and 
all  endeavours  for  any  alteration  in  church  and  state,  that 
I  saw  it  was  in  vain  to  make  any  attempt  at  court.  I  there- 
fore wished  that  they  in  Scotland  would  go  as  far  as  they 
could  with  a  good  conscience  in  compliance  with  the  law, 

1  See   his   character,  vol.  i.   385.       because  he  refused  the  test.     Hist. 
Fountainhall    states    that   Charteris       Obs.  90. 
was   deprived  of  the  professorship 


of  King  Charles  IL  319 

and  not  bring  a  church  already  rent  with  schism  under  new  Ch.XIII. 
distractions,  if  it  was  possible  to  avoid  them.  At  the  same 
time  I  duke  Hamilton  wrote  to  me  for  my  opinion  concern-  MS.  267. 
ing  the  test.  I  answered  him  that  I  thought  the  objections 
to  it  were  managed  with  too  much  subtilty :  I  did  not  carry 
these  things  so  far  as  others  did  :  if  it  was  against  his  con- 
science, I  prayed  him  to  have  no  regard  to  his  interest,  and 
upon  no  account  to  take  any  oath  till  he  was  satisfied  it 
was  lawful,  but  if  he  had  no  scruple  in  his  own  mind  about 
it,  and  only  pretended  that  to  gratify  a  party,  I  said  that, 
as  that  would  be  a  mocking  of  God,  so  he  would  be  made 
very  uneasy  in  it:  for  lord  Halifax  assured  me  that  he  was 
looked  on  as  a  man  that  was  setting  himself  at  the  head  of 
the  party  in  opposition  to  the  government,  and  he  might 
easily  foresee  what  the  consequences  of  that  would  be. 
He  stood  in  suspense  for  some  months,  yet  took  it  at  last. 
For  that  I  was  much  blamed  by  the  party,  for  it  was  said 
my  letter  determined  him.  I  also  writ  a  paper  to  answer 
the  objections  raised  to  the  test,  which  was  sent  about 
among  my  friends.  For  though  I  did  not  like  it,  and 
should  never  have  consented  to  the  making  of  it,  yet 
I  wished  that  all  scruples  about  it  might  have  been  satis- 
fied, and  that  those  worthy  clergymen  who  were  turned 
out  upon  it,  and  who  were  the  ablest  men  in  that  church, 
and  the  fittest  to  make  a  stand  against  popery,  might 
return  to  their  labours.  Yet  so  ill  was  I  represented  upon 
that  occasion,  that  the  duke  was  made  believe  that  I  was 
a  great  stickler  in  all  the  opposition  that  was  made  to  the 
test,  and  he  possessed  the  king  with  it. 

Upon  this  matter  an  incident  of  great  importance  hap- 
pened. The  earl  of  Argyll  was  a  privy  councillor,  and 
one  of  the  commissioners  of  the  treasury.  So  when  the 
time  limited  was  near  lapsing,  he  was  forced  to  declare 
himself1.     He  had  once  resolved  to  retire  from  all  employ- 

1  In  a  letter  of  the  duke's,  dated  test),  but  by  Thursday  next  he  must; 
Nov.  1,  he  says,  '  Lord  Argile  is  or  lose  all  his  places,  which  he  will 
here,  and  has  not  yet  taken  it  (the       be  unwilling  to  do.'      In  another  of 


320  The  History  of  the  Reign 

Ch.xiiI.  ments;  but  his  engagements  with  duke  Lauderdale's  party, 
Nov~ r68i  anc*  *-ne  entanglements  of  his  own  affairs,  overcame  that. 
His  main  objection  lay  to  that  part  which  obliged  them 
520  to  endeavour  no  alteration  in  the  government  in  church 
or  state,  which  he  thought  was  a  limitation  on  the  legis- 
lature. He  desired  leave  to  explain  himself  in  that  point : 
and  he  continued  always  to  affirm  that  the  duke  was 
satisfied  with  that  which  he  proposed  :  so  being  called  on 
the  next  day  at  the  council  table  to  take  the  test,  he  said 
he  did  not  think  that  the  parliament  did  intend  an  oath 
that  should  have  any  contradictions  in  one  part  of  it  to 
another  ;  therefore  he  took  the  test  as  it  was  consistent 
with  itself:  (this  related  to  the  absolute  loyalty  in  the 
test,  and  the  limitations  that  were  on  it  in  the  confession  l :) 
and  he  added  that  he  did  not  intend  to  bind  himself  up 
by  it  from  doing  any  thing  in  his  station  for  the  amending 
of  any  thing  in  church  or  state,  so  far  as  was  consistent 
with  the  protestant  religion  and  the  duty  of  a  good 
subject :  and  he  took  that  as  a  part  of  his  oath.  The 
thing  passed,  and  he  sat  that  day  in  council ;  and  went 
next  day  to  the  treasury  chamber,  where  he  repeated  the 
same  words.  Some  officious  people  upon  this  came  and 
suggested  to  the  duke,  that  great  advantage  might  be 
taken  against  him  from  these  words.  So  at  the  treasury 
chamber  he  was  desired  to  write  them  down,  and  give 
them  to  the  clerk,  which  he  did,  and  was  immediately 
made  a  prisoner  in  the  castle  of  Edinburgh  upon  it.  It 
was  said  this  was  high  treason,  and  the  assuming  to 
himself  the  legislative  power,  in  his  giving  a  sense  of  an 
act  of  parliament,  and  making  that  a  part  of  his  oath.  It 
was  also  said  that  his  saying  that  he  did  not  think  the 
parliament  intended  an  oath  that  did  contradict  itself,  was 
a  tacit  way  of  saying  that  he  did  think  it,  and   was  a 

the  5th,   '  You  will  hear  from  lord  '  People   seem   little   concerned   for 

Hyde,  of  lord  Argile's  having  taken  lord    Argile's    being    put    into    the 

the  test,  and  spoiled  all  again  by  not  castle.'     D. 

taking  it  yesterday  as   one  of  the  '  Sal.  of  Faith.    Supra  314  315. 
lords  of  the  treasury.'     On  the  iath, 


of  King  Charles  II.  321 

defaming  and  a  spreading  lies  of  the  proceedings  of  Ch.XIII. 
parliament,  which  was  capital.  The  liberty  that  he  re- 
served to  himself  was  likewise  called  treasonable,  in 
assuming  a  power  to  act  against  law.  These  were  such 
apparent  stretches,  that  for  some  days  it  was  believed  all 
this  was  done  only  to  fright  him  to  a  more  absolute  sub- 
mission, and  to  surrender  up  some  of  those  great  jurisdictions 
over  the  Highlands  that  were  in  his  family.  He  desired 
he  might  be  admitted  to  speak  with  the  duke  in  private: 
but  that  was  refused.  He  had  let  his  old  correspondence 
with  me  fall :  but  I  thought  it  became  me  in  this  extremity 
to  serve  him  all  I  could :  and  I  prevailed  with  lord  Halifax 
to  speak  so  oft  to  the  king  about  it,  that  it  came  to  be 
known :  and  lord  Argyll  writ  me  some  letters  of  thanks 
upon  it.  Duke  Lauderdale  was  still  in  a  firm  friendship 
with  him,  and  tried  his  whole  strength  with  the  king  to 
preserve  him  :  but  he  was  sinking  both  in  body  and  mind,  521 
and  was  like  to  be  cast  off  in  his  old  age.  Upon  which 
I  also  prevailed  with  lord  Halifax  to  offer  him  his  service, 
for  which  duke  Lauderdale  sent  me  very  kind  messages. 
I  thought  these  were  the  only  returns  that  I  ought  to 
make  him  for  all  the  injuries  he  had  done  me,  thus  to 
serve  him  and  his  friends  in  their  distress.  But  the  duke 
[of  York]  took  |  this,  as  he  did  every  thing  from  me,  by  MS.  268. 
the  worst  hands  possible :  he  said  I  would  reconcile  my 
self  to  the  greatest  enemies  I  had  in  opposition  to  him. 
Upon  this  it  was  not  thought  fit  upon  many  accounts  that 
I  should  go  and  see  duke  Lauderdale,  which  I  had  intended 
to  do.  It  was  known  I  had  done  him  acts  of  friendship  : 
so  the  scandal  of  being  in  enmity  with  him  was  over:  for 
a  Christian  is  no  man's  enemy,  and  he  will  always  study 
to  overcome  evil  with  good. 

Lord  Argyll  was  brought  to  a  trial  for  the  words  he 
had  spoke.     The  fact  was  certain  :  so   the  debate  lay  in    Dec.  12, 
a  point  of  law,  what  guilt  could  be  made  out  of  his  words  l. 

1  Dec.  13,  the  duke  says,  '  Lord       their  forms  in  the  justice  court  are 
Argile's  trial  began  yesterday,  and       so  tedious,  that  they  could  not  make 

VOL.  II.  Y 


322  The  History  of  the  Reign 

Ch.XIII.  Lockhart  pleaded  three  hours  for  him,  and  shewed  so 
manifestly  that  his  words  had  no  sort  of  criminousness, 
much  less  of  treason  in  them,  that  if  his  cause  had  not 
been  judged  before  his  trial  no  harm  could  have  come  to 
him.  The  court  that  was  to  judge  the  point  of  law,  or  the 
relevancy  of  the  libel,  consisted  of  a  justice  general  and  of 
five  judges.  The  justice  general  is  not  bound  to  vote, 
unless  the  court  is  equally  divided.  One  of  the  judges 
was  deaf1,  and  so  old  that  he  could  not  sit  all  the  while 
the  trial  lasted,  but  went  home  and  to  bed.  The  other 
four  were  equally  divided :  so  the  old  judge  was  sent  for; 
and  he  turned  it  against  lord  Argyll 2.  The  jury  was  only 
to  find  the  fact  proved :  but  yet  they  were  officious,  and 
found  it  treason :  and  to  make  a  shew  of  impartiality, 
whereas  in  the  libel  he  was  charged  with  perjury  for  taking 
the  oath  falsely,  they  acquitted  him  of  the  perjury.  No 
sentence  in  our  age  was  more  universally  cried  out  on  than 
this3.     All  people  spoke  of  it,  and  of  the  duke  who  drove 

an  end  of  it  then,  but  will,  as  I  be-  voting  judges,  the  court  consisting 

lieve,  this  evening  ;  and  have  reason  of  seven  judges,  and   consequently 

to    believe    the    jury  will   find   the  there  could  not  be  an  equality,  that 

bill,   and  not  ignoramus,   and   that  is,  two  and  two  of  a  side,   as  the 

that  little  lord  will  be  once  again  at  bishop    affirms.       Lockhart    relates 

his  majesty's  mercy.'   '  Since  I  wrote  that  the  justice  clerk,  so  called  from 

this,  I  have  had  an  account  that  the  having  been  originally  a  clergyman, 

jury,  of  which  the  marquis  of  Mont-  voted  in   all   other   cases  with   the 

rose  was   chancellor,   as   they   call  other     judges,    except    when     the 

them  here,  have  found  lord  Argile  Justice-General  is  absent,  on  which 

guilty  of  treason,  and  other  crimes,  occasion  he  presides,  and  does  not 

so    that    he    is    absolutely    in    his  vote,  except  on  an  equality  amongst 

majesty's  hands.'     D.     This  extract  the  other  judges.     I.  599.     R.     See 

is  in  Dalrymple's  Memoirs.  Preface  to  Sprat's  Rye  House  Con- 

1  Lord  Nairn.  spiracy,  and  Salmon's  Examination, 

a  Lockhart,   of  Carnwarth,  in  his  898. 
Letter  on  the  Bishop  of  Salisbury's  3  'His  case  is  thought  very  hard 

History,   published  lately  with  the  .  .  .;  and  all  imputed  to  the  Duke's 

Lockhart   Papers,    remarks    on   this  severity.  .  .  .  But  Arguile  is  not  much 

account  that  if  the  Justice-General  pittied,  being  looked  on  generally  as 

did  not  vote,  as  indeed  is  the  practice  a  very  ill  man  to  ye  crown,  and  who 

of   chairmen    or    presidents   in    all  has  made  use  of  ye  King's  favours 

courts,    and    the   infirm    deaf  judge  heretofore  to  do  very  greate  injustice 

was  absent,  there  still  remained  five  to  others.'      Hatton  Correspondence, 


of  King  Charles  II.  323 

it  on,  with  horror.  All  that  was  said  to  lessen  that  was,  Ch.xiii. 
that  duke  Lauderdale  had  restored  the  family,  with  such 
an  extended  jurisdiction,  that  he  was  really  the  master 
of  all  the  Highlands  :  so  that  it  was  fit  to  attaint  him, 
that  by  a  new  restoring  him  these  grants  might  be  better 
limited.  This,  the  duke  writ  to  the  king,  was  all  he 
intended  by  it,  as  lord  Halifax  assured  me.  But  lord 
Argyll  was  made  believe  that  the  duke  intended  to  pro-  522 
ceed  to  execution  :  some  more  of  the  guards  were  ordered 
to  come  to  Edinburgh :  rooms  were  also  fitted  for  him  in 
the  common  gaol,  to  which  peers  use  to  be  removed  a  few 
days  before  their  execution ;  and  a  person  of  quality, 
whom  lord  Argyll  never  named,  affirmed  to  him  on  his 
honour,  that  he  heard  one  in  great  favour  say  to  the  duke, 
The  thing  must  be  done,  and  that  it  would  be  easier  to 
satisfy  the  king  about  it  after  it  was  done,  than  to  obtain 
his  leave  for  doing  it.  It  is  certain  many  of  the  Scottish 
nobility  did  believe  that  it  was  intended  he  should  die1. 
Upon  these  reasons  Argyll  made  his  escape  out  of  the  Dec.  20, 
castle  in  the  disguise  of  a  footman.  Others  suspected  1  r" 
those  stories  were  sent  to  him  on  purpose  to  frighten  him 
to  make  his  escape  ;  as  that  which  would  justify  further 
severities  against  him.  He  came  to  London,  and  lurked 
for  some  months  there.  It  was  thought  I  was  in  his 
secret :  but  though  I  knew  one  that  knew  it,  and  saw 
many  papers  that  he  then  writ  giving  an  account  of  all 
that  matter,  yet  I  abhorred  lying,  and  it  was  not  easy  to 

Jan.  5,  1682.    Halifax's  reported  ex-  it  is  not  the  first  wrong  of  that  kind 

clamation  is  well  known  :  '  I  know  which  has  been  done  me,  as  those 

nothing    of    Scotch    law,    but    this  who  are  acquainted  with  the  laws  of 

I   know,  that  we  should  not  hang  this  country  know  very  well :  and 

a    dog    here    on    the    grounds    on  has  but  to  thank  himself  for  what  has 

which   my   Lord   Argyll    has    been  happened  to  him  ;  and  to  shew  you 

sentenced.'    See  Fountainhall,  Hist.  what  wrong  is  done  me,  if  I  had  not 

Obs.  54.  hindered    his    being    fallen    on    in 

1  '  Jan.  5.     I  find  by  yours  of  the  parliament,   they    had    brought   him 

27th  of  last  month,  that  people  take  there,  in  as  ill  a  condition  as  to  his 

all  the  pains  they  can  to  tax  me  with  fortune,  as  he  is  now.'     Dartmouth 

severity  in  this  affair  of  lord  Argile  :  MSS.     D. 

Y  2 


324  The  History  of  the  Reign 

Ch.  XIII.  a  have  kept  out  of  the  danger  of  that a,  if  I  had  seen  him, 
or  known  where  he  was :  so  I  avoided  it  by  not  seeing 
him.  One  that  saw  and  knew  him  went  and  told  the 
king  of  it :  but  he  would  have  no  search  made  for  him, 
and  retained  still  very  good  thoughts  of  him.1.  In  one  of 
Argyll's  papers  he  writ,  that  if  ever  he  was  admitted  to 
speak  with  the  king,  he  could  convince  him  how  much 
he  merited  at  his  hands  by  that  which  had  drawn  the 
duke's  indignation  on  him.  He  that  shewed  me  this  ex- 
plained it,  that  at  the  duke's  first  being  in  Scotland,  when 
he  apprehended  that  the  king  might  have  consented  to 
the  exclusion,  he  tried  to  engage  Argyll  to  stick  to  him 
in  that  case ;  who  told  him  he  would  always  be  true  to 
the  king,  and  likewise  to  him  when  it  should  come  to  his 
turn  to  be  king,  but  that  he  would  go  no  further,  nor 
engage  himself,  in  case  the  king  and  he  should  quarrel. 
I  had  lived  many  years  in  great  friendship  with  the  earl 
of  Perth 2 :  I  lived  with  him  as  a  father  with  a  son  for 
above  twelve  years:  and  he  had  really  the  submissions 
of  a  child  to  me.  So,  he  having  been  on  lord  Argyll's 
jury,  I  writ  him  a  letter  about  it  with  the  freedom 
that  I  thought  became  me.  He,  to  merit  at  the  duke's 
hands,  shewed  it  to  him,  as  he  himself  confessed  to  me. 
I  could  very  easily  forgive  him,  but  could  not  esteem  him 
much  after  so  unworthy  an  action.  He  was  then  aspiring 
523  to  great  preferment ;  so  he  sacrificed  me  to  obtain  favour. 
But  he  made  greater  sacrifices  afterwards 3.  The  duke 
now  seemed  to  triumph  in  Scotland  :  all  stooped  to  him  : 
the  presbyterian  party  was  much  depressed  :  the  best  of 
the  clergy  were  turned  out :  yet,  with  all  this,  he  was  now 
more  hated  there  than  ever.     Argyll's  business  made  him 

a  substituted  for  avoid  lying. 

1  When  urged  to  have  him  arrested,  dale;     see    supra     147.      He    was 

Charles  merely  said,   '  Pooh,  pooh !  made  Justice-General   on   Nov.    16, 

leave  a  hunted  partridge ! '  1682,   and    was    one    of  the    seven 

a  scil.  James  Drummond,  4th  Earl  who  formed  the    Cabinet  for  Scot- 

and  1st  titular  Duke  of  Perth,  for  land. 

a  time  a  strong  opponent  of  Lauder-  3  See  infra  ff.  653,  678,  804. 


of  King  Charles  II.  325 

be  looked  on  as  one  that  would  prove  a  terrible  master  Ch.xIII. 

when  all  should  come  into  his  hands.     He  had  promised 

to  redress  all  the  merchants'  grievances  with  relation  to 

trade,  to  gain   their  concurrence    in   parliament:    but,   as 

soon  as   that  was  over,  all  his  promises  were   forgotten. 

The  accusations  of  perjury  were  stifled  by  him.     And  all 

the  complaints  of  the  great  abuse  Hatton  was  guilty  of  in 

the  matter  of  the  coin  ended  in  turning  |  him  out  of  all  MS.  269. 

his  employments,  and  obliging  him  to  compound  for  his 

pardon,  by  paying  20,000/.  to  two  of  the  duke's  creatures 1, 

one  of  whom  he  advanced  soon  after  to  be  chancellor  of 

Scotland 2 ;    so  that  all  the  reparation  the  kingdom  had 

for  the  oppression  of  so  many  years,  and  so  many  acts  of 

injustice,  was,  that  two    newa  oppressors  had  a  share  of 

the  spoils,  who  went  into  the  same  tract,  or  rather  invented 

new  methods  of  oppression,  in  which  the  new  chancellor 

exceeded  all  that  had  gone  before  him.     He  had  a  small 

estate,  which  he  resolved  to  raise  up  till  it  should  hold 

a  proportion  to  his  new  title :    for  he  was  made  earl  of 

Aberdeen.     All  these  things,  together  with  a  load  of  age 

and  of  a  vast  bulk,  sunk  duke  Lauderdale,  so  that  he  died  August  20, 

that  summer3.     His  heart  seemed  quite  spent:  there  was 

not  left  above  the  bigness  of  a  walnut  of  firm  substance : 

the  rest  was  spongy,  liker  the  lungs  than  a  heart.     The 

duke  had  leave  given  him  to  come  to  the  king  at  New-  March  12, 

1 68*. 
a  substituted  for  raw. 


1  'And  thus  fell  that  unhappy  man,  James  since  his  vote  against  Stafford, 
unregrated  by  many,  because  of  his  Supra  275.  Fountainhall,  Hist.  Obs. 
disobliging  insolence  when  in  power.'  75.  '  Discontent  and  age  were  the 
Fountainhall,  Hist.  Notices,  373 ;  and  ingredients  in  his  death,  if  his 
Hist.Obs.^g,Qo.  There  is  much  about  Dutchess  and  Physitians  be  freed. 
Hatton  in  James's  letters  to  Queens-  For  she  had  abused  him  most 
berry.    H.  M.  C.  Rep.  xv,  App.  viii.  grosely,   and  got  from  him   all  she 

2  Sir  George  Gordon  of  Haddo.  could  expect.'  Id.  74.  '  He  dyed  like 
Infra  328.  a  fool,  by   the   hand   of  a  woman.' 

3  He  had  had  a  stroke  of  apoplexy,  Id.  76.  Fountainhall  calls  him  'the 
in  1680,  and  was  very  ill  in  August,  learnedest  and  powerfullest  minister 
1681.     He  had  been  estranged  from  of  state  in  his  age.' 


326 


The  History  of  the  Reign 


1682. 


Ch.xiii.  market:  and  there  he  prevailed  for  leave  to  come  up,  and 
live  again  at  court1.     As  he  was  going  back  to  bring  up 

May  5  or  6,  the  duchess,  the  Gloucester  frigate  that  carried  him  struck 
on  a  bank  of  sand 2.  The  duke  got  into  a  boat :  and  took 
care  of  his  dogs,  and  of  some  unknown  persons,  who  were 
taken  from  that  earnest  care  of  his  to  be  his  priests.  The 
long  boat  went  off  with  very  few  in  her,  though  she  might 
have  carried  of  above  80  more  than  she  did 3 ;  1 50  perished, 

sailors  gave  a  loud  huzza,  when  they 
saw  his  royal  highness  in  safety. 
Among  the  letters  published  by  Mr. 
Ellis,  there  is  one,  which  Dalrymple 
however  had  already  printed,  from 
the  lord  provost  of  Edinburgh  [Sir  J. 
Dick]  after  escaping  from  this  ship- 
wreck. It  is  dated  a  few  days  after, 
wards.  He  says,  that  '  when  the 
duke  got  his  clothes  on  and  inquired 
how  things  stood,  she  had  nine  feet 
of  water  in  her  hold,  and  the  sea  fast 
coming  in  at  the  gun-ports  ;  the  sea- 
men and  passengers  were  not  at 
command,  every  man  studying  his 
own  safety.  This  forced  the  duke  to 
go  out  at  the  large  window  of  the 
cabin,  where  his  little  boat  was 
ordered  quietly  to  attend  him,  lest 
the  passengers  and  seamen  should 
have  thronged  so  in  upon  him,  as  to 
overset  his  boat.  This  was  accord- 
ingly so  conducted  as  that  none  but 
earl  Winton  and  the  president  of  the 
session,  with  two  of  the  bed-chamber 
men,  went  with  him.  They  were 
forced  to  draw  their  swords  to  hold 
people  off.'  Vol.  iv.  of  the  Second 
Series,  p.  68.  Compare  Sir  Egerton 
Brydges'  note  on  Collins's  Peerage, 
vol.  iv.  p.  119.  Mr.  Pepys  also,  who 
was  accompanying  the  duke  in 
another  vessel,  has  related  several 
circumstances  of  this  accident.  It 
appears  that  Colonel  Legge,  after 
saving  the  duke,  saved  himself  by 
going  aboard  the  vessel  in  which 
Pepys  was.   The  Duke  of  York  gave 


1  Through  the  urgency  of  Louis 
XIV,  who  felt  sure  of  Charles  only 
while  James  was  at  his  side.  Dal- 
rymple's  Memoirs,  i.  106  (ed.  1790). 
The  desire  of  Charles  to  induce 
James  to  settle  .£5,000  a  year  upon 
the  Duchess  of  Portsmouth  out  of 
the  receipts  of  the  Post  Office,  which 
were  his  for  life,  was  an  additional 
reason.  Clarke,  Life  of  fames  II, 
i.  722-727 ;  Macpherson,  Original 
Papers,  i.  129,  132-134.  James 
arrived  at  Newmarket  on  March  12, 
i68|.     Reresby,  Memoirs,  243-250. 

2  The  sand  known  as  the  '  Lemon 
and  Oar'  or  '  Lemmon  and  Ore,' 
sixteen  leagues  from  the  mouth  of 
the  Humber ;  May  5  or  6,  1682. 
Lords  O'Brien  and  Roxburgh,  and  a 
younger  brother  of  Laurence  Hyde, 
with  130  seamen,  were  drowned ; 
160,  besides  the  Duke,  being  saved. 
Luttrell,  and  Reresby's  Memoirs,  250. 
Fountainhall,  Hist.  Obs.  68,  speaks  of 
James's  ill-luck  at  sea  as  proverbial. 

3  '  Sir  John  Berry  the  commander 
was  cleared  of  being  in  any  fault  by 
his  majesty  and  the  council.  But 
captain  Ayres  the  pilot  was  sen- 
tenced to  perpetual  imprisonment 
for  his  negligence.'  Complete  His- 
tory of  England,  vol.  iii.  395.  See 
also  an  account  of  this  sad  disaster 
in  the  Life  of  King  fames  II,  vol.  i. 
731,  where  it  is  said  that  only 
Mr.  Churchill  and  one  or  two  more 
were  invited  by  the  duke  to  go  into 
the  shallop  ;  and  that  the  perishing 


of  King  Charles  II. 


327 


some  were  men  of  great  quality.     But  the  duke  took  no  Ch.  XI ir. 
notice   of  this   cruel    neglect,  which   was   laid    chiefly  to 
Legge's  l  charge 2. 


eleven  months'  pay  to  the  widow  of 
every  seaman  who  perished,  and  a 
sum  of  money  to  each  child  of  such 
seaman.  See  Lingard's  History  of 
England,  vol.  xiii.  314  note.  R. 
See  Bevill  Higgons,  Remarks,  343, 
for  obvious  inaccuracies  in  the  text. 
A  '  long  boat,'  for  instance,  which 
'  might  have  carried  off  above  80 
more  than  she  did,'  would  be  indeed 
a  rarity.  The  account  of  the  struggle 
of  the  duke's  dog  'Mumper'  and 
Sir  Charles  Scarborough  for  a  plank 
is  well  known.  Echard,  1020.  The 
long  boat  was  really  the  pinnace  of 
a  fifth-rate  man-of-war.  See  also 
Reflections  upon  Bishop  Burnet's 
Posthumous  History  by  Philalethes,  85. 

1  scil.  George  Legge,  afterwards 
Baron  Dartmouth,  Dec.  2,  1682. 

2  The  ground  of  this  reflection  was, 
that  he  stood  with  his  sword  drawn 
to  hinder  the  crowd  from  oversetting 
the  boat  the  duke  was  in  ;  which  the 
bishop  thought  was  a  fault.  But  he 
had  forgot  a  famous  story  of  a  struggle 
between  Sir  Charles  Scarborough 
and  the  duke's  dog  Mumper  [Echard, 
10